Energy Conservation Program for Commercial Equipment: Publication of the Petition for Waiver From LG Electronics, Inc. and Granting of the Application for Interim Waiver From the Department of Energy Commercial Package Air Conditioner and Heat Pump Test Procedure, 20688-20694 [E9-10320]
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Federal Register / Vol. 74, No. 85 / Tuesday, May 5, 2009 / Notices
date of the notice of ready for
environmental analysis.
Kimberly D. Bose,
Secretary.
[FR Doc. E9–10250 Filed 5–4–09; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. EL09–49–000]
The Connecticut Department of Public
Utility Control and the Connecticut
Office of Consumer Counsel,
Complainants v. ISO New England Inc.
and Unidentified Installed Capacity
Resources Committed to Import Over
the Northern New York AC Interface,
Respondents; Notice of Complaint
April 28, 2009.
Take notice that on April 23, 2009,
pursuant to section 206 of the Rules and
Practice and Procedure, 18 CFR 385.206
(2009), sections 206, 222, and 309 of the
Federal Power Act, 16 U.S.C. 824(e),
824(v) and 825(h) (2006), the
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Utility Control and the Connecticut
Office of Consumer Counsel
(collectively, the ‘‘Connecticut
Representatives’’), filed a formal
complaint against ISO New England Inc.
(‘‘ISO–NE’’) and Unidentified Installed
Capacity Resources Committed to
Import over the Northern New York AC
Interface (‘‘NNY Capacity Resources’’)
seeking a Commission investigation and
hearing into installed capacity resources
who received capacity payments but
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England Power Pool, Inc (‘‘NEPOOL’’),
as a representative of the NNY Capacity
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The Respondent’s answer, motions to
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intervene, and protests must be served
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Comment Date: 5 p.m. Eastern Time
on May 11, 2009.
Kimberly D. Bose,
Secretary.
[FR Doc. E9–10253 Filed 5–4–09; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. CAC–021]
Energy Conservation Program for
Commercial Equipment: Publication of
the Petition for Waiver From LG
Electronics, Inc. and Granting of the
Application for Interim Waiver From
the Department of Energy Commercial
Package Air Conditioner and Heat
Pump Test Procedure
AGENCY: Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of petition for waiver,
granting of application for interim
waiver, and request for comments.
SUMMARY: This notice announces receipt
of and publishes a Petition for Waiver
from LG Electronics, Inc. (LG). The
Petition for Waiver (hereafter ‘‘LG
Petition’’) requests a waiver from the
Department of Energy (DOE) test
procedure applicable to commercial
package air-cooled central air
conditioners and heat pumps. The
waiver request is specific to the LG
variable capacity Multi V (commercial)
multi-split central air conditioners.
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Through this document, DOE is: (1)
Soliciting comments, data, and
information with respect to the LG
Petition; and (2) announcing our
determination to grant an Interim
Waiver to LG from the applicable DOE
test procedure for the subject
commercial air-cooled, multi-split air
conditioners and heat pumps.
DATES: DOE will accept comments, data,
and information with respect to the LG
Petition until, but no later than June 4,
2009.
ADDRESSES: You may submit comments,
identified by case number ‘‘CAC–021,’’
by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail:
AS_Waiver_Requests@ee.doe.gov.
Include either the case number [CAC–
021], and/or ‘‘LG Petition’’ in the subject
line of the message.
• Mail: Ms. Brenda Edwards, U.S.
Department of Energy, Building
Technologies Program, Mailstop EE–2J/
1000 Independence Avenue, SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–2945. Please
submit one signed original paper copy.
• Hand Delivery/Courier: Ms. Brenda
Edwards, U.S. Department of Energy,
Building Technologies Program, 950
L’Enfant Plaza, SW., Suite 600,
Washington, DC 20024. Please submit
one signed original paper copy.
Instructions: All submissions received
must include the agency name and case
number for this proceeding. Submit
electronic comments in WordPerfect,
Microsoft Word, Portable Document
Format (PDF), or text (American
Standard Code for Information
Interchange (ASCII)) file format and
avoid the use of special characters or
any form of encryption. Wherever
possible, include the electronic
signature of the author. Absent an
electronic signature, comments
submitted electronically must be
followed and authenticated by
submitting the signed original paper
document. DOE does not accept
telefacsimiles (faxes).
Any person submitting written
comments must also send a copy of
such comments to the petitioner,
pursuant to 10 CFR 431.401(d). The
contact information for the petitioner is:
Mr. John I. Taylor, Vice President,
Government Relations, LG Electronics
USA, Inc., 1750 K Street, NW.,
Washington, DC 20006.
According to 10 CFR 1004.11, any
person submitting information that he
or she believes to be confidential and
exempt by law from public disclosure
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Federal Register / Vol. 74, No. 85 / Tuesday, May 5, 2009 / Notices
Title III of the Energy Policy and
Conservation Act (EPCA) sets forth a
variety of provisions concerning energy
efficiency, including Part A of Title III,
which establishes the ‘‘Energy
Conservation Program for Consumer
Products Other Than Automobiles.’’ 1
(42 U.S.C. 6291–6309) Similar to the
program in Part A, Part A–1 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.2 (42
U.S.C. 6311–6317)
Today’s notice involves commercial
equipment under Part A–1. Part A–1
specifically includes definitions (42
U.S.C. 6311), test procedures (42 U.S.C.
6314), labeling provisions (42 U.S.C.
6315), energy conservation standards
(42 U.S.C 6313), and the authority to
require information and reports from
manufacturers (42 U.S.C. 6316). With
respect to test procedures, Part A–1
generally authorizes the Secretary of
Energy (the Secretary) to prescribe test
procedures that are reasonably designed
to produce results which measure
energy efficiency, energy use, and
estimated annual operating costs, and
that are not unduly burdensome to
conduct. (42 U.S.C. 6314(a)(2))
For commercial package airconditioning 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, based on clear and
convincing evidence, 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 340/360–2004,
‘‘Performance Rating of Commercial and
Industrial Unitary Air-Conditioning and
Heat Pump Equipment,’’ for small and
large commercial package air-cooled
heat pumps with capacities ≥ 65,000
Btu/h and < 760,000 British thermal
units per hour (Btu/h). Id. at 71371.
Pursuant to this rulemaking, DOE’s
regulations at 10 CFR 431.95(b)(2)
incorporate by reference ARI Standard
340/360–2004, and Table 1 to 10 CFR
431.96 directs manufacturers of
commercial package air-cooled air
conditioning and heating equipment to
use the appropriate procedure when
measuring energy efficiency of those
1 This part was originally titled part B but it was
redesignated as part A in the United States Code for
editorial reasons.
2 This part was originally titled Part C but it was
redesignated as Part A–1 in the United States Code
for editorial reasons.
should submit two copies: one copy of
the document including all the
information believed to be confidential,
and one copy of the document with the
information believed to be confidential
deleted. DOE will make its own
determination about the confidential
status of the information and treat it
according to its determination.
Docket: For access to the docket to
review the background documents
relevant to this matter, you may visit the
U.S. Department of Energy, 950 L’Enfant
Plaza, SW., (Resource Room of the
Building Technologies Program),
Washington, DC, 20024; (202) 586–2945,
between 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
Available documents include the
following items: (1) This notice; (2)
public comments received; (3) the
Petition for Waiver and Application for
Interim Waiver; and (4) prior DOE
rulemakings regarding similar central
air conditioning and heat pump
equipment. Please call Ms. Brenda
Edwards at the above telephone number
for additional information regarding
visiting the Resource Room.
FOR FURTHER INFORMATION CONTACT: Dr.
Michael G. Raymond, U.S. Department
of Energy, Building Technologies
Program, Mail Stop EE–2J, Forrestal
Building, 1000 Independence Avenue,
SW., Washington, DC 20585–0121.
Telephone: (202) 586–9611. E-mail:
AS_Waiver_Requests@ee.doe.gov.
Ms. Francine Pinto or Mr. Michael
Kido, U.S. Department of Energy, Office
of the General Counsel, Mail Stop GC–
72, Forrestal Building, 1000
Independence Avenue, SW.,
Washington, DC 20585–0103.
Telephone: (202) 586–9507. E-mail:
Francine.Pinto@hq.doe.gov or
Michael.Kido@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Authority
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20689
products. (The cooling capacities of
LG’s commercial Multi V multi-split air
conditioning products, which are at
issue in the waiver petition filed by LG,
range from 76,400 Btu/hr to 310,000
Btu/hr, thereby resulting in these
products falling within the range of ARI
Standard 340/360–2004, which covers
products with capacities greater than
65,000 Btu/hour.)
DOE’s regulations for covered
products permit a person to seek a
waiver from the test procedure
requirements for covered commercial
equipment if at least one of the
following conditions is met: (1) The
petitioner’s basic model contains one or
more design characteristics which
prevent testing according to the
prescribed test procedures; or (2) 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
431.401(a)(1). The waiver provisions for
commercial equipment are found at 10
CFR 431.401 and are substantively
identical to those for covered consumer
products. 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
431.401(b)(1)(iii). The Assistant
Secretary for Energy Efficiency and
Renewable Energy (Assistant Secretary)
may grant a waiver subject to
conditions, including adherence to
alternate test procedures. 10 CFR
431.401(f)(4). Waivers generally
terminate 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
431.401(g).
The waiver process also permits
parties submitting a Petition for Waiver
to file an Application for Interim Waiver
of the applicable test procedure
requirements. 10 CFR 431.401(a)(2). The
Assistant Secretary will grant an Interim
Waiver request if it is determined that
the applicant will experience economic
hardship if the Application for Interim
Waiver is denied, if it appears likely
that the Petition for Waiver will be
granted, and/or the Assistant Secretary
determines that it would be desirable for
public policy reasons to grant
immediate relief pending a
determination on the Petition for
Waiver. 10 CFR 431.401(e)(3). 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 it
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may be extended by DOE for an
additional 180 days, if necessary. 10
CFR 431.401(e)(4).
II. Petition for Waiver
On April 28, 2008, LG filed a Petition
for Waiver from the test procedures at
10 CFR 431.96, which are applicable to
commercial package air-cooled central
air conditioners, and an Application for
Interim Waiver. The capacities of the LG
Multi V multi-split heat pumps range
from 76,400 Btu/hr to 310,000 Btu/hr,
making the applicable test procedure for
LG’s commercial Multi V Plus II and
Multi V Sync II multi-split air
conditioners ARI Standard 340/360–
2004, which manufacturers are directed
to use pursuant to Table 1 of 10 CFR
431.96.
LG seeks a waiver from the applicable
test procedures under 10 CFR 431.96 on
the grounds that its Multi V multi-split
central air conditioners contain design
characteristics that prevent testing
according to the current DOE test
procedures. Specifically, LG asserts that
the two primary factors that prevent
testing of multi-split variable speed
products, regardless of manufacturer,
are the same factors stated in the
waivers that DOE granted to Mitsubishi
Electric & Electronics USA, Inc.
(Mitsubishi) for a similar line of
commercial multi-split air-conditioning
systems:
• Testing laboratories cannot test
products with so many indoor units;
and
• There are too many possible
combinations of indoor and outdoor
units to test. 69 FR 52661 (August 27,
2004) (Mitsubishi); 72 FR 17528 (April
9, 2007) (Mitsubishi); 72 FR 71383
(December 17, 2007) (Fujitsu); 72 FR
71387 (December 17, 2007) (Samsung).
The Multi V systems have operational
characteristics similar to other
commercial multi-split products
manufactured by Mitsubishi, Samsung,
Fujitsu and Daikin, all of which have
already been granted waivers. Each of
the Multi V system indoor units is
designed to be used with up to 52 other
indoor units, which need not be the
same models. There are 70 different
indoor models. In certain high-capacity
applications, LG’s Multi V systems have
the capability to combine two outdoor
units to create a larger capacity system.
Accordingly, LG requests that DOE grant
a waiver from the applicable test
procedures for its Multi V product
designs, until a suitable test method can
be prescribed.
III. Application for Interim Waiver
On April 28, 2008, in addition to its
Petition for Waiver, LG submitted to
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23:12 May 04, 2009
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DOE an Application for Interim Waiver.
LG’s Application for Interim Waiver
does not provide sufficient information
to evaluate the level of economic
hardship LG will likely experience if its
Application for Interim Waiver is
denied. However, in those instances
where the likely success of the Petition
for Waiver has been demonstrated,
based upon DOE having granted a
waiver for similar product designs, it is
in the public interest to have similar
products tested and rated for energy
consumption on a comparable basis.
DOE has previously granted Interim
Waivers to Fujitsu (70 FR 5980 (Feb. 4,
2005)), Samsung (70 FR 9629 (Feb. 28,
2005)), Mitsubishi (72 FR 17533 (April
9, 2007)), and Daikin (72 FR 35986 (July
2, 2007)), for comparable commercial
multi-split air conditioners and heat
pumps.
Moreover, as noted above, DOE
approved the Petitions for Waiver from
Mitsubishi (72 FR 17528 (April 9,
2007)), Fujitsu (72 FR 71383 (Dec. 17,
2007)), Samsung (72 FR 71387 (Dec. 17,
2007)), and Daikin (73 FR 39680 (July
10, 2008)), for their comparable lines of
multi-split air conditioners and heat
pumps. The two principal reasons
supporting the grant of these waivers
also apply to LG’s Multi V products: (1)
Test laboratories cannot test products
with so many indoor units; 3 and (2) it
is impractical to test so many
combinations of indoor units with each
outdoor unit. Thus, DOE has
determined that it is likely that LG’s
Petition for Waiver will be granted for
its new Multi V multi-split models.
Therefore, it is ordered that:
The Application for Interim Waiver
filed by LG is hereby granted for LG’s
Multi V air-cooled multi-split central air
conditioners, subject to the
specifications and conditions below.
1. LG shall not be required to test or
rate its Multi V commercial air-cooled
multi-split products on the basis of the
currently applicable test procedure
under 10 CFR 431.96, which
incorporates by reference ARI Standard
340/360–2004.
2. LG shall be required to test and rate
its Multi V commercial air-cooled multisplit products according to the alternate
test procedure as set forth in section
IV(3), ‘‘Alternate test procedure.’’
The Interim Waiver applies to the
following models:
3 According to the LG petition, up to 52 indoor
units of its commercial package multi-split air
conditioners may be connected in a single system.
However, DOE believes that, based on
communications with multi-split manufacturers
and commercial testing laboratories, test room
limitations at laboratory testing facilities make
testing this number of indoor units extremely
difficult.
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Multi V Series Outdoor Units
Plus II 3; 460V 60 Hz models:
ARUN076DT2, ARUN096DT2,
ARUN115DT2, ARUN134DT2,
ARUN154DT2, ARUN173DT2,
ARUN192DT2, ARUN211DT2,
ARUN230DT2, ARUN250DT2,
ARUN270DT2, ARUN290DT2, and
ARUN310DT2 with nominally rated
cooling capacities of 76,400, 95,900,
114,700, 133,800, 152,900, 172,000,
191,100, 211,000, 230,000, 250,000,
270,000, 290,000, and 310,000 Btu/h
respectively. The maximum number of
connectable indoor units is 13, 16, 20,
23, 26, 29, 32, 35, 39, 42, 49, and 52
respectively.
Plus II 3; 230/208V 60 Hz models:
ARUN076BT2, ARUN096BT2,
ARUN115BT2, ARUN154BT2,
ARUN173BT2, ARUN192BT2,
ARUN211BT2, and ARUN230BT2 with
nominally rated cooling capacities of
76,400, 95,900, 114,700, 152,900,
172,000, 191,100, 211,000, and 230,000
Btu/h respectively. The maximum
number of connectable indoor units is
13, 16, 20, 26, 29, 32, 35, and 39
respectively.
Sync II 3; 230/208V 60 Hz models:
ARUB076BT2, ARUB096BT2,
ARUB115BT2, ARUB154BT2,
ARUB173BT2, ARUB192BT2,
ARUB211BT2, and ARUB230BT2 with
nominally rated cooling capacities of
76,400, 95,900, 114,700, 152,900,
172,000, 191,000, 211,000, and 230,000
Btu/h respectively. The maximum
number of connectable indoor units is
13, 16, 20, 26, 29, 32, 35, and 39
respectively.
Compatible Indoor Units for the AboveListed Outdoor Units
Wall Mounted: ARNU073SEL2,
ARNU093SEL2, ARNU123SEL2,
ARNU153SEL2, ARNU183S5L2, and
ARNU243S5L2 with nominally rated
cooling capacities of 7,500, 9,600,
12,300, 15,400, 19,100, and 24,200 Btu/
h respectively.
Art Cool Gallery: ARNU073SF*2,
ARNU093SF*2, and ARNU123SF*2
with nominally rated cooling capacities
of 7,500, 9,600, and 12,300 Btu/h
respectively.
Art Cool Mirror: ARNU073SE*2,
ARNU093SE*2, ARNU123SE*2,
ARNU153SE*2, ARNU183S3*2, and
ARNU243S3*2 with nominally rated
cooling capacities of 7,500, 9,600,
12,300, 15,400, 19,100, and 24,200 Btu/
h respectively.
4 Way Cassette: ARNU073TEC2,
ARNU093TEC2, ARNU123TEC2,
ARNU153TEC2, ARNU183TEC2,
ARNU243TPC2, ARNU283TPC2,
ARNU363TNC2, ARNU423TMC2, and
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ARNU483TMC2 with nominally rated
cooling capacities of 7,500, 9,600,
12,300, 15,400, 19,100, 24,200, 28,000,
36,200, 42,000, and 48,100 Btu/h
respectively.
2 Way Cassette: ARNU183TLC2 and
ARNU243TLC2 with nominally rated
capacities of 19,100 and 24,200 Btu/h
respectively.
1 Way Cassette: ARNU073TJC2,
ARNU093TJC2, and ARNU123TJC2
with nominally rated capacities of
7,500, 9,600, and 12,300 Btu/h
respectively.
Ceiling Concealed Duct—Low Static:
ARNU073B1G2, ARNU093B1G2,
ARNU123B1G2, ARNU153B1G2,
ARNU183B2G2, and ARNU243B2G2
with nominally rated capacities of
7,500, 9,600, 12,300, 15,400, 19,100, and
24,200 Btu/h respectively.
Ceiling Concealed Duct—Built-in:
ARNU073B3G2, ARNU093B3G2,
ARNU123B3G2, ARNU153B3G2,
ARNU183B4G2, and ARNU243B4G2
with nominally rated capacities of
7,500, 9,600, 12,300, 15,400, 19,100, and
24,200 Btu/h respectively.
Ceiling Concealed Duct—High Static:
ARNU073BHA2, ARNU093BHA2,
ARNU123BHA2, ARNU153BHA2,
ARNU183BHA2, ARNU243BHA2,
ARNU283BGA2, ARNU363BGA2,
ARNU423BGA2, ARNU483BRA2,
URNU763B8A2, and URNU963B8A2
with nominally rated capacities of
7,500, 9,600, 12,300, 15,400, 19,100,
24,200, 28,000, 36,200, 42,000, 48,100,
76,400, and 95,500 Btu/h respectively.
Ceiling & Floor: ARNU093VEA2 and
ARNU123VEA2 with nominally rated
capacities of 9,600 and 12,300 Btu/h
respectively.
Ceiling Suspended: ARNU183VJA2
and ARNU243VJA2 with nominally
rated capacities of 19,100 and 24,200
Btu/h respectively.
Floor Standing with Case:
ARNU073CEA2, ARNU093CEA2,
ARNU123CEA2, ARNU153CEA2,
ARNU183CFA2, and ARNU243CFA2
with nominally rated capacities of
7,500, 9,600, 12,300, 15,400, 19,100, and
24,200 Btu/h respectively.
Floor Standing without Case:
ARNU073CEU2, ARNU093CEU2,
ARNU123CEU2, ARNU153CEU2,
ARNU183CFU2, and ARNU243CFU2
with nominally rated capacities of
7,500, 9,600, 12,300, 15,400, 19,100, and
24,200 Btu/h respectively.
This Interim Waiver is conditioned
upon the presumed validity of
statements, representations, and
documents provided by the petitioner.
DOE may revoke or modify this Interim
Waiver at any time upon a
determination that the factual basis
underlying the Petition for Waiver is
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23:12 May 04, 2009
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incorrect, or upon a determination that
the results from the alternate test
procedure are unrepresentative of the
basic models’ true energy consumption
characteristics.
IV. Alternate Test Procedure
Responding to two recent Petitions for
Waiver from Mitsubishi, DOE specified
an alternate test procedure to provide a
basis from which Mitsubishi could test
and make valid energy efficiency
representations for its R410A CITY
MULTI products, as well as for its R22
multi-split products. Alternate test
procedures related to the Mitsubishi
petitions were published in the Federal
Register on April 9, 2007. See 72 FR
17528 and 72 FR 17533. For reasons
similar to those published in these prior
notices, DOE believes that an alternate
test procedure is needed in this
instance.
In general, DOE understands that
existing testing facilities have a limited
ability to test multiple indoor units
simultaneously, and the large number of
possible combinations of indoor and
outdoor units for some variable
refrigerant flow zoned systems makes it
impractical for manufacturers to test.
We further note that subsequent to the
waiver that DOE granted for
Mitsubishi’s R22 multi-split products,
ARI formed a committee to discuss the
issue and to work on developing an
appropriate testing protocol for variable
refrigerant flow systems. However, to
date, no additional test methodologies
have been adopted by the committee or
submitted to DOE.
Therefore, as discussed below, as a
condition for granting this Interim
Waiver to LG, DOE is including an
alternate test procedure similar to those
granted to Mitsubishi for its R22 and
R410A products. DOE plans to consider
the same alternate test procedure in the
context of the subsequent Decision and
Order pertaining to LG’s Petition for
Waiver. Utilization of this alternate test
procedure will allow LG to test and
make energy efficiency representations
for its Multi V products. More broadly,
DOE is also applying a similar alternate
test procedure to other waivers for
similar residential and commercial
central air conditioners and heat pumps.
Such cases include petitions for waiver
involving multi-split products
manufactured by Samsung (72 FR 71387
(Dec. 17, 2007)), Fujitsu (72 FR 71383
(Dec. 17, 2007)), and Daikin (73 FR
39680 (July 10, 2008)).
The alternate test procedure
developed in conjunction with the
Mitsubishi waiver has two basic
components. First, it permits LG to
designate a ‘‘tested combination’’ for
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20691
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
eight indoor units so that it can be
tested in available test facilities.4 The
tested combination must be tested
according to the applicable DOE test
procedure, as modified by the
provisions of the alternate test
procedure as set forth below.
Second, DOE believes that an
alternate test procedure is needed so
that manufacturers of such products can
make valid and consistent
representations of energy efficiency for
their air-conditioning and heat pump
products. In the present case, DOE is
modifying the alternate test procedure
taken from the above-referenced waiver
granted to Mitsubishi for its R410A and
R22 CITY MULTI products. DOE plans
to consider inclusion of the following
waiver language in the Decision and
Order for LG’s Multi V commercial
multi-split air-cooled heat pump
models:
(1) The ‘‘Petition for Waiver’’ filed by
LG Electronics, Inc. is hereby granted as
set forth in the paragraphs below.
(2) LG shall not be required to test or
rate its Multi V variable capacity multisplit heat pump products listed above in
section III, on the basis of the currently
applicable test procedures, but shall be
required to test and rate such products
according to the alternate test procedure
as set forth in paragraph (3).
(3) Alternate test procedure.
(A) LG shall be required to test the
products listed in section III above
according to the test procedures for
central air conditioners and heat pumps
prescribed by DOE at 10 CFR 431.96,
except that LG 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,
LG shall make representations
concerning the Multi V 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
4 The ‘‘tested combination’’ was originally
defined to consist of one outdoor unit matched with
between 2 and 5 indoor units. The maximum
number of indoor units in a tested combination is
increased in this instance from 5 to 8 to account for
the fact that these larger-capacity products can
accommodate a greater number of indoor units.
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waiver, the tested combination shall
have the following features:
(1) The basic model of a variable
refrigerant flow system used as a tested
combination shall consist of one
outdoor unit, with one or more
compressors, that is matched with
between 2 and 8 indoor units; for multisplit systems, each of these indoor units
shall be designed for individual
operation.
(2) The indoor units shall—
(i) Represent the highest sales model
family, or another indoor model family
if the highest sales model family does
not provide sufficient capacity (see ii);
(ii) Together, have a nominal cooling
capacity that is between 95% and 105%
of the nominal cooling capacity of the
outdoor unit;
(iii) Not, individually, have a nominal
cooling capacity that is greater than
50% of the nominal cooling capacity of
the outdoor unit;
(iv) Operate at fan speeds that are
consistent with the manufacturer’s
specifications; and
(v) All be subject to the same
minimum external static pressure
requirement while being configurable to
produce the same static pressure at the
exit of each outlet plenum when
manifolded as per section 2.4.1 of 10
CFR Part 430, Subpart B, Appendix M.
(C) Representations. In making
representations about the energy
efficiency of its Multi V variable
capacity air-cooled multi-split heat
pump and heat recovery system
products, for compliance, marketing, or
other purposes, LG must fairly disclose
the results of testing under the DOE test
procedure, doing so in a manner
consistent with the provisions outlined
below:
(1) For Multi V combinations tested in
accordance with this alternate test
procedure, LG may make
representations based on these test
results.
(2) For Multi V combinations that are
not tested, LG may make representations
based on the testing results for the
tested combination and which is
consistent with either of the two
following methods, except that only
method (i) may be used, if available:
(i) Representation of non-tested
combinations according to an
Alternative Rating Method (ARM)
approved by DOE; or
(ii) Representation of non-tested
combinations at the same energy
efficiency level as the tested
combination with the same outdoor
unit.
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V. Summary and Request for Comments
Through today’s notice, DOE
announces receipt of the LG Petition for
Waiver from the test procedures
applicable to LG’s Multi V commercial
multi-split heat pump products, and for
the reasons articulated above, DOE is
granting LG an Interim Waiver from
those procedures. As part of this notice,
DOE is publishing LG’s Petition for
Waiver in its entirety. The Petition
contains no confidential information.
Furthermore, today’s notice includes an
alternate test procedure that LG is
required to follow as a condition of its
Interim Waiver and that DOE is
considering including in its subsequent
Decision and Order. In this alternate test
procedure, DOE is defining a ‘‘tested
combination’’ which LG could use in
lieu of testing all retail combinations of
its Multi V multi-split heat pump
products.
Furthermore, should a subsequent
manufacturer be unable to test all retail
combinations, DOE is considering
allowing such manufacturers to rate
waived products according to an ARM
approved by DOE, or to rate waived
products in the same manner as the
specified tested combination with the
same outdoor unit. DOE is also
considering applying a similar alternate
test procedure to other comparable
Petitions for Waiver for residential and
commercial central air conditioners and
heat pumps. Such cases include
Daikin’s Petition for Waiver for its
Variable Refrigerant Volume (VRV)
products at 72 FR 35986 (July 2, 2007),
and Mitsubishi’s Petition for Waiver for
its water source variable refrigerant flow
products at 72 FR 17533 (April 9, 2007).
DOE is interested in receiving
comments on the issues addressed in
this notice. Pursuant to 10 CFR
431.401(d), any person submitting
written comments must also send a
copy of such comments to the
petitioner, whose contact information is
included in the section entitled
ADDRESSES section above.
Issued in Washington, DC, on April 21,
2009.
Steven G. Chalk,
Principal Deputy Assistant Secretary, Energy
Efficiency and Renewable Energy.
April 28, 2008
The Honorable Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and
Renewable Energy,
United States Department of Energy,
Forrestal Building,
1000 Independence Avenue, SW.,
Washington, DC 20585.
Re: Petition for Waiver and Application for
Interim Waiver, LG Electronics Multi V
Multi-Split Air Conditioning Systems
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Dear Mr. Karsner: LG Electronics, Inc. (LG)
respectfully submits this Petition for Waiver
and Application for Interim Waiver, pursuant
to 10 CFR 431.401, for LG Multi V multi-split
air conditioning systems, specifically Multi V
Plus II and Multi V Sync II systems.1
Among other things, the applicable test
procedure does not provide a method for
testing and rating a system that utilizes so
many indoor units; the applicable test
procedure does not provide a method for
rating systems where the type and capacity
of the indoor unit can be mixed in the same
system; and no testing laboratories can test
products with so many indoor units.
Waiver relief has been granted for many
other comparable commercial multi-splits,
including Mitsubishi, Samsung, Fujitsu,
Sanyo Fisher, and Daikin. See 69 FR 52660
(Aug. 27, 2004) (Mitsubishi); 71 FR 14858
(March 24, 2006) (Mitsubishi); 72 FR 17528
(April 9, 2007) (Mitsubishi); 70 FR 9629 (Feb.
28, 2005) (Samsung); 72 FR 71387 (Dec. 17,
2007) (Samsung); 72 FR 71383 (Dec. 17, 2007
(Fujitsu); 73 FR 179 (Jan. 2, 2008) (Sanyo
Fisher); 73 FR 1207, 1213 (Jan. 7, 2008)
(Daikin).
LG is a manufacturer of digital appliances,
as well as mobile communications, digital
displays, and digital media products. Its
appliances include air-conditioners, washing
machines, clothes dryers, refrigerators,
refrigerator-freezers, air cleaners, ovens,
microwave ovens, dishwashers, and vacuum
cleaners and are sold worldwide, including
in the United States. LG’s U.S. operations are
LG Electronics USA, Inc., with headquarters
at 1000 Sylvan Avenue, Englewood Cliffs, NJ
07632 (tel. 201–816–2000). Its worldwide
headquarters are located at LG Twin Towers
20, Yoido-dong, Youngdungpo-gu Seoul,
Korea 150–721 (tel. 011–82–2–3777–1114)
URL: http.www.LGE.com. LG’s principal
brands include LG® and OEM brands,
including GE® and Kenmore®. LG’s
appliances are produced in Korea and
Mexico.
LG’s Multi V systems are beneficial
products, each consisting of a single outdoor
unit, using a scroll type inverter compressor
with variable capacity, that can connect to
multiple indoor units and that uses variable
refrigerant flow and control systems. (In
certain high capacity applications [152,900
Btu/h and above], a consumer can choose
between a system using a single outdoor unit
and a system using two outdoor units.) These
multi-splits are intended to be used in zoning
systems where an outdoor unit can be
connected with up to between 13 and 52
separate indoor units in a zoned system,
which need not be the same models. The
operating characteristics allow each indoor
unit to have a different set temperature and
a different mode of operation (i.e., on/off/
fan). All of the indoor units are capable of
operating independently, with their own
temperature and fan speed setting. Based on
those controls, the outdoor unit will then
determine the cooling or heating capacity
delivered into the zones. The system
therefore offers great flexibility and
1 This request is a revision of the request dated
April 16, 2008. It adds some outdoor models and
changes certain model numbers.
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convenience to the consumer, permitting
precise space conditioning control
throughout the building, and thus saving
energy. The cooling capacities of the systems
are between 76,400 and 310,000 Btu/h. There
are 29 outdoor units and 70 indoor units.
Model numbers and related descriptions are
set forth in Appendix A.
The variable speed, constant speed or dual
compressors and the associated system
controls can direct refrigerant flow
throughout the system to precisely meet the
various heating or cooling loads required in
the conditioned areas. The compressor is
capable of reducing its operating capacity to
as little as 10 percent of its rated capacity.
The outdoor fan motor also has a variable
speed drive to properly match the outdoor
coil to indoor loads. Zone diversity enables
the system to have a total connected indoor
unit capacity of up to 130 percent of the
capacity of the outdoor unit.
As discussed above, up to between 13 and
52 indoor units can be matched with each
related outdoor unit. Thus, for each outdoor
unit there is a multitude of possible
combinations of indoor units that can be
matched in a system configuration. And
since there are 29 outdoor units and 70
indoor units, there is an enormous total of
possible combinations.
A waiver and interim waiver for LG Multi
V systems are warranted because test
procedures under the Energy Policy and
Conservation Act (EPCA), 42 U.S.C. 6291 et
seq., namely 10 CFR 431.96, evaluate the
basic models in a manner so unrepresentative
of their true energy consumption
characteristics as to provide materially
inaccurate comparative data, and/or the basic
models contain one or more design
characteristics that prevent testing of the
basic model according to the prescribed test
procedures. In such circumstances DOE ‘‘will
grant’’ waiver relief. 10 CFR 431.401(e)(3),
(f)(4). In that regard:
—The test procedure provides for testing of
a pair of indoor and outdoor assemblies
making up a typical split system, but does
not specify how LG Multi V systems, with so
many combinations of indoor units for each
outdoor unit, could be evaluated. The
situation is further complicated by the fact
that there are 29 outdoor units. It is not
practical to test each possible combination,
and the test procedure provides no
alternative rating method for generating
efficiency ratings for systems with more than
one indoor unit. Thus, the test procedure
does not contemplate, and cannot practically
be applied to, LG Multi V systems.
—Testing laboratories cannot test products
with so many indoor units. In that regard, the
testing of multi-splits when all indoor units
are connected cannot be physically located in
a single room.
—The test procedure provides for testing
‘‘matched assemblies,’’ which does not apply
to LG Multi V systems. Indoor and outdoor
coils in split systems are typically balanced;
that is, the capacity of the outdoor coil is
equivalent to the capacity of the indoor coil.
The test procedure’s application to ‘‘matched
assemblies’’ contemplates such a balance
between indoor and outdoor coil capacity.
With the Multi V systems, however, the sum
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of the capacity of the indoor units connected
into the system can be as much as 130
percent of the capacity of the outdoor coil.
Such unbalanced combinations of LG indoor
and outdoor units are permitted by the
zoning characteristics of the system, the use
of electronic expansion valves to precisely
control refrigerant flow to each indoor coil,
and the system intelligence for overall system
control. The test procedure designed for
‘‘matched assemblies’’ therefore does not
contemplate or address testing for
substantially unbalanced zoning systems
such as the LG Multi V systems.
—The indoor units are designed to operate
at many different external static pressure
values, which compounds the difficulty of
testing LG Multi V systems. A test facility
could not maintain proper airflow at several
different external static pressure values for
the many indoor units that would be
connected to the outdoor unit.
* * *
For all of these reasons, the existing test
procedures evaluate the LG Multi V systems
in a manner so unrepresentative of their true
energy consumption characteristics as to
provide materially inaccurate comparative
data and/or the basic models contain one or
more design characteristics that prevent
testing of the basic model according to the
prescribed test procedures. Therefore, DOE
should grant a waiver for LG Multi V
systems. See 10 CFR 431.401(a)(1). The
waiver should continue until a test procedure
can be developed and adopted that will
provide the U.S. market with a fair and
accurate assessment of the LG Multi V system
energy consumption and efficiency levels. LG
intends to work with DOE, stakeholders, and
the Air-Conditioning and Refrigeration
Institute (ARI) to develop the appropriate test
procedure.
There are no alternative test procedures
known to LG that could evaluate these
products in a representative manner (other
than perhaps the procedures provided by
DOE in its waiver decisions for comparable
products).
That a waiver is warranted is borne out by
the fact that DOE has granted waiver relief to
Mitsubishi, Samsung, Fujitsu, Sanyo Fisher,
and Daikin for comparable commercial multisplits.
Manufacturers of all other basic models
marketed in the United States and known to
LG to incorporate similar design
characteristics as found in the LG Multi V
systems include Mitsubishi Electric and
Electronics USA, Mitsubishi Heavy
Industries Climate Control, Inc., Samsung Air
Conditioning, Fujitsu General Limited, Sanyo
Fisher (USA) Corp., and Daikin AC
(Americas), Inc.
LG also requests immediate relief by grant
of an interim waiver. Grant of an interim
waiver is fully justified:
—The petition for waiver is likely to be
granted, as evidenced not only by its merits,
but also because DOE has already granted
waiver relief to Mitsubishi, Samsung, Fujitsu,
Sanyo Fisher, and Daikin for their
commercial multi-splits. In such instances, it
is in the public interest to have similar
products tested and rated for energy
consumption on a comparable basis.
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20693
—Without waiver relief, LG will be at a
competitive disadvantage in the market and
suffer economic hardship. LG would be
placed in an untenable situation: the Multi V
systems would be subject to a set of
regulations that DOE already acknowledges
should not apply to such a product, while at
the same time other manufacturers are
allowed to operate relieved from such
regulations.
—Significant investment has already been
made in LG Multi V systems. Lack of relief
would not allow LG to recoup this
investment and would deny LG anticipated
sales revenue. This does not take into
account significant losses in goodwill and
brand acceptance.
—The basic purpose of EPCA is to foster
purchase of energy-efficient products, not
hinder such purchases. LG Multi V systems
produce a benefit to consumers and are in the
public interest. To encourage and foster the
availability of these products is in the public
interest. Standards programs should not be
used as a means to block innovative,
improved designs.2 DOE’s rules should
accommodate and encourage—not act to
block—such a product.
—Granting the interim waiver and waiver
would also eliminate a non-tariff trade
barrier.
—Grant of relief would also help enhance
economic development and employment,
including not only LG Electronics USA’s
operations in New Jersey, Illinois and
Alabama, but also at major national retailers
and regional dealers that carry LG products.
Furthermore, continued employment
creation and ongoing investments in its
marketing, sales and servicing activities will
be fostered by approval of the interim waiver.
Conversely, denial of the requested relief
would harm the company and would be
anticompetitive.
Conclusion
LG respectfully requests that DOE grant a
waiver and interim waiver from existing test
standards for LG Multi V multi-split systems
until such time as a representative test
procedure is developed and adopted for such
products.
We would be pleased to discuss this
request with DOE and provide further
information as needed.
We hereby certify that all manufacturers of
domestically marketed units of the same
product type have been notified by letter of
this petition and application, copies of which
letters are attached (Appendix B).
Sincerely,
John I. Taylor
Vice President, Government Relations
LG Electronics USA, Inc.
1750 K Street, NW.
Washington, DC 20006
Phone: 202–719–3490
Fax: 847–941–8177
E-mail: jtaylor@lge.com
Of counsel:
John A. Hodges
Wiley Rein LLP
2 See FTC Advisory Opinion No. 457, TRRP
1718.20 (1971 Transfer Binder); 49 FR 32213 (Aug.
13, 1984); 52 FR 49141, 49147–48 (Dec. 30, 1987).
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1776 K Street, NW.
Washington, DC 20006
Phone: 202–719–7000
Fax: 202–719–7049
E-mail: jhodges@wileyrein.com
Appendix A
Multi V Series Outdoor Units
Plus II 3O 460V 60 Hz models:
ARUN076DT2, ARUN096DT2,
ARUN115DT2, ARUN134DT2,
ARUN154DT2, ARUN173DT2,
ARUN192DT2, ARUN211DT2,
ARUN230DT2, ARUN250DT2,
ARUN270DT2, ARUN290DT2, and
ARUN310DT2 with nominally rated cooling
capacities of 76,400, 95,900, 114,700,
133,800, 152,900, 172,000, 191,100, 211,000,
230,000, 250,000, 270,000, 290,000, and
310,000 Btu/h respectively. The maximum
number of connectable indoor units is 13, 16,
20, 23, 26, 29, 32, 35, 39, 42, 49, and 52
respectively.
Plus II 3O 230/208V 60 Hz models:
ARUN076BT2, ARUN096BT2,
ARUN115BT2, ARUN154BT2,
ARUN173BT2, ARUN192BT2,
ARUN211BT2, and ARUN230BT2 with
nominally rated cooling capacities of 76,400,
95,900, 114,700, 152,900, 172,000, 191,100,
211,000, and 230,000 Btu/h respectively. The
maximum number of connectable indoor
units is 13, 16, 20, 26, 29, 32, 35, and 39
respectively.
Sync II 3O 230/208V 60 Hz models:
ARUB076BT2, ARUB096BT2, ARUB115BT2,
ARUB154BT2, ARUB173BT2, ARUB192BT2,
ARUB211BT2, and ARUB230BT2 with
nominally rated cooling capacities of 76,400,
95,900, 114,700, 152,900, 172,000, 191,000,
211,000, and 230,000 Btu/h respectively. The
maximum number of connectable indoor
units is 13, 16, 20, 26, 29, 32, 35, and 39
respectively.
Compatible Indoor Units for the Above-Listed
Outdoor Units
Wall Mounted: ARNU073SEL2,
ARNU093SEL2, ARNU123SEL2,
ARNU153SEL2, ARNU183S5L2, and
ARNU243S5L2 with nominally rated cooling
capacities of 7,500, 9,600, 12,300, 15,400,
19,100, and 24,200 Btu/h respectively.
Art Cool Gallery: ARNU073SF*2,
ARNU093SF*2, and ARNU123SF*2 with
nominally rated cooling capacities of 7,500,
9,600, and 12,300 Btu/h respectively.
Art Cool Mirror: ARNU073SE*2,
ARNU093SE*2, ARNU123SE*2,
ARNU153SE*2, ARNU183S3*2, and
ARNU243S3*2 with nominally rated cooling
capacities of 7,500, 9,600, 12,300, 15,400,
19,100, and 24,200
Btu/h respectively.
4 Way Cassette: ARNU073TEC2,
ARNU093TEC2, ARNU123TEC2,
ARNU153TEC2, ARNU183TEC2,
ARNU243TPC2, ARNU283TPC2,
ARNU363TNC2, ARNU423TMC2, and
ARNU483TMC2 with nominally rated
cooling capacities of 7,500, 9,600, 12,300,
15,400, 19,100, 24,200, 28,000, 36,200,
42,000, and 48,100 Btu/h respectively.
2 Way Cassette: ARNU183TLC2 and
ARNU243TLC2 with nominally rated
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capacities of 19,100 and 24,200 Btu/h
respectively.
1 Way Cassette: ARNU073TJC2,
ARNU093TJC2, and ARNU123TJC2 with
nominally rated capacities of 7,500, 9,600,
and 12,300 Btu/h respectively.
Ceiling Concealed Duct—Low Static:
ARNU073B1G2, ARNU093B1G2,
ARNU123B1G2, ARNU153B1G2,
ARNU183B2G2, and ARNU243B2G2 with
nominally rated capacities of 7,500, 9,600,
12,300, 15,400, 19,100, and 24,200 Btu/h
respectively.
Ceiling Concealed Duct—Built-in:
ARNU073B3G2, ARNU093B3G2,
ARNU123B3G2, ARNU153B3G2,
ARNU183B4G2, and ARNU243B4G2 with
nominally rated capacities of 7,500, 9,600,
12,300, 15,400, 19,100, and 24,200 Btu/h
respectively.
Ceiling Concealed Duct—High Static:
ARNU073BHA2, ARNU093BHA2,
ARNU123BHA2, ARNU153BHA2,
ARNU183BHA2, ARNU243BHA2,
ARNU283BGA2, ARNU363BGA2,
ARNU423BGA2, ARNU483BRA2,
URNU763B8A2, and URNU963B8A2 with
nominally rated capacities of 7,500, 9,600,
12,300, 15,400, 19,100, 24,200, 28,000,
36,200, 42,000, 48,100, 76,400, and 95,500
Btu/h respectively.
Ceiling & Floor: ARNU093VEA2 and
ARNU123VEA2 with nominally rated
capacities of 9,600 and 12,300 Btu/h
respectively.
Ceiling Suspended: ARNU183VJA2 and
ARNU243VJA2 with nominally rated
capacities of 19,100 and 24,200 Btu/h
respectively.
Floor Standing with Case: ARNU073CEA2,
ARNU093CEA2, ARNU123CEA2,
ARNU153CEA2, ARNU183CFA2, and
ARNU243CFA2 with nominally rated
capacities of 7,500, 9,600, 12,300, 15,400,
19,100, and 24,200 Btu/h respectively.
Floor Standing without Case:
ARNU073CEU2, ARNU093CEU2,
ARNU123CEU2, ARNU153CEU2,
ARNU183CFU2, and ARNU243CFU2 with
nominally rated capacities of 7,500, 9,600,
12,300, 15,400, 19,100, and 24,200 Btu/h
respectively.
Appendix B
Certification
This is to certify that LG Electronics, Inc.
has sent by next day delivery a copy of its
petition for waiver and application for
interim waiver for LG Multi V multi-split air
conditioning systems, known to LG, of
domestically marketed units of the same
product type (as listed the Energy Policy and
Conservation Act, as amended, 42 U.S.C.
6311). The cover letter to each person states
that the person may submit comments to
DOE.
Attached are the names and addresses of
each person to whom a copy of the petition
and waiver was sent by next day delivery.
Certified by:
John I. Taylor,
Vice President, Government Relations,
LG Electronics USA, Inc.,
1750 K Street, NW.,
Washington, DC 20006,
PO 00000
Frm 00024
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Phone: 202–719–3490,
Fax: 847–941–8177,
E-mail: jtaylor@lge.com
Date: April 28, 2008
April 28, 2008
To Whom It May Concern:
Re: LG Electronics, Inc. Petition for Waiver
and Application for Interim Waiver;
Opportunity for Comment
This is to notify you by next day delivery
of LG Electronics Inc.’s enclosed Petition for
Waiver and Application for Interim Waiver of
the United States Department of Energy
(DOE) regulations on energy conservation test
procedures. In accordance with DOE rules,
we are also advising you of your opportunity
to comment to DOE. The Assistant Secretary
for Conservation and Renewable Energy will
consider timely written comments.
Comments are to be submitted to: Assistant
Secretary for Energy Efficiency and
Renewable Energy, U.S. Department of
Energy, 1000 Independence Avenue, SW,
Washington, DC 20585–0107
Pursuant to DOE’s rules, please provide us
with a copy of any comments.
Sincerely,
John I. Taylor,
Vice President, Government Relations,
LG Electronics USA, Inc.,
1750 K Street, NW.,
Washington, DC 20006,
Phone: 202–719–3490,
Fax: 847–941–8177,
E-mail: jtaylor@lge.com
Daikin AC (Americas), Inc., 1645 Wallace
Drive, Suite 110, Carrollton, TX 75006,
Attn: Yoshinobu Inoue, President
Fujitsu General America, Inc., 353 Route 46
West, Fairfield, NJ 07004, Attn: Roy
Kuczera, Senior Vice President of HVAC
Sales, and Arturo Thur De Koos,
Engineering & Technical Support
Mitsubishi Electric & Electronics USA, Inc.,
4300 Lawrenceville-Suwanee Road,
Suwanee, GA 30024, Attn: S. William Rau,
Senior Vice President and General
Manager, HVAC Advanced Products
Division
Mitsubishi Heavy Industries Climate Control
Inc., 3030 E. Victoria Street, Rancho
Dominguez, CA 90221, Attn: Caesar
Ceballos, Technical Support Manager
Samsung Air Conditioning, Samsung
Electronics Products, LTD., 2865 Pellissier
Pl., Whittier, CA 90601, Attn: John Miles,
Director, Engineering & Technical Support
Sanyo Fisher (USA) Corp., 1690 Roberts
Blvd., Suite 110, Kennesaw, GA 30144,
Attn: Gary Nettinger, Vice President,
Technical and Service
Air-Conditioning and Refrigeration Institute,
4100 North Fairfax Drive, Suite 200,
Arlington, VA 22203, Attn: Stephen R.
Yurek, Esq., President
[FR Doc. E9–10320 Filed 5–4–09; 8:45 am]
BILLING CODE 6450–01–P
E:\FR\FM\05MYN1.SGM
05MYN1
]]>Agencies
[Federal Register Volume 74, Number 85 (Tuesday, May 5, 2009)]
[Notices]
[Pages 20688-20694]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10320]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. CAC-021]
Energy Conservation Program for Commercial Equipment: Publication
of the Petition for Waiver From LG Electronics, Inc. and Granting of
the Application for Interim Waiver From the Department of Energy
Commercial Package Air Conditioner and Heat Pump Test Procedure
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of petition for waiver, granting of application for
interim waiver, and request for comments.
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SUMMARY: This notice announces receipt of and publishes a Petition for
Waiver from LG Electronics, Inc. (LG). The Petition for Waiver
(hereafter ``LG Petition'') requests a waiver from the Department of
Energy (DOE) test procedure applicable to commercial package air-cooled
central air conditioners and heat pumps. The waiver request is specific
to the LG variable capacity Multi V (commercial) multi-split central
air conditioners. Through this document, DOE is: (1) Soliciting
comments, data, and information with respect to the LG Petition; and
(2) announcing our determination to grant an Interim Waiver to LG from
the applicable DOE test procedure for the subject commercial air-
cooled, multi-split air conditioners and heat pumps.
DATES: DOE will accept comments, data, and information with respect to
the LG Petition until, but no later than June 4, 2009.
ADDRESSES: You may submit comments, identified by case number ``CAC-
021,'' by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: AS_Waiver_Requests@ee.doe.gov. Include either
the case number [CAC-021], and/or ``LG Petition'' in the subject line
of the message.
Mail: Ms. Brenda Edwards, U.S. Department of Energy,
Building Technologies Program, Mailstop EE-2J/1000 Independence Avenue,
SW., Washington, DC 20585-0121. Telephone: (202) 586-2945. Please
submit one signed original paper copy.
Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department
of Energy, Building Technologies Program, 950 L'Enfant Plaza, SW.,
Suite 600, Washington, DC 20024. Please submit one signed original
paper copy.
Instructions: All submissions received must include the agency name
and case number for this proceeding. Submit electronic comments in
WordPerfect, Microsoft Word, Portable Document Format (PDF), or text
(American Standard Code for Information Interchange (ASCII)) file
format and avoid the use of special characters or any form of
encryption. Wherever possible, include the electronic signature of the
author. Absent an electronic signature, comments submitted
electronically must be followed and authenticated by submitting the
signed original paper document. DOE does not accept telefacsimiles
(faxes).
Any person submitting written comments must also send a copy of
such comments to the petitioner, pursuant to 10 CFR 431.401(d). The
contact information for the petitioner is: Mr. John I. Taylor, Vice
President, Government Relations, LG Electronics USA, Inc., 1750 K
Street, NW., Washington, DC 20006.
According to 10 CFR 1004.11, any person submitting information that
he or she believes to be confidential and exempt by law from public
disclosure
[[Page 20689]]
should submit two copies: one copy of the document including all the
information believed to be confidential, and one copy of the document
with the information believed to be confidential deleted. DOE will make
its own determination about the confidential status of the information
and treat it according to its determination.
Docket: For access to the docket to review the background documents
relevant to this matter, you may visit the U.S. Department of Energy,
950 L'Enfant Plaza, SW., (Resource Room of the Building Technologies
Program), Washington, DC, 20024; (202) 586-2945, between 9 a.m. and 4
p.m., Monday through Friday, except Federal holidays. Available
documents include the following items: (1) This notice; (2) public
comments received; (3) the Petition for Waiver and Application for
Interim Waiver; and (4) prior DOE rulemakings regarding similar central
air conditioning and heat pump equipment. Please call Ms. Brenda
Edwards at the above telephone number for additional information
regarding visiting the Resource Room.
FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S.
Department of Energy, Building Technologies Program, Mail Stop EE-2J,
Forrestal Building, 1000 Independence Avenue, SW., Washington, DC
20585-0121. Telephone: (202) 586-9611. E-mail: AS_Waiver_Requests@ee.doe.gov.
Ms. Francine Pinto or Mr. Michael Kido, U.S. Department of Energy,
Office of the General Counsel, Mail Stop GC-72, Forrestal Building,
1000 Independence Avenue, SW., Washington, DC 20585-0103. Telephone:
(202) 586-9507. E-mail: Francine.Pinto@hq.doe.gov or
Michael.Kido@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Authority
Title III of the Energy Policy and Conservation Act (EPCA) sets
forth a variety of provisions concerning energy efficiency, including
Part A of Title III, which establishes the ``Energy Conservation
Program for Consumer Products Other Than Automobiles.'' \1\ (42 U.S.C.
6291-6309) Similar to the program in Part A, Part A-1 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.\2\ (42 U.S.C. 6311-6317)
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\1\ This part was originally titled part B but it was
redesignated as part A in the United States Code for editorial
reasons.
\2\ This part was originally titled Part C but it was
redesignated as Part A-1 in the United States Code for editorial
reasons.
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Today's notice involves commercial equipment under Part A-1. Part
A-1 specifically includes definitions (42 U.S.C. 6311), test procedures
(42 U.S.C. 6314), labeling provisions (42 U.S.C. 6315), energy
conservation standards (42 U.S.C 6313), and the authority to require
information and reports from manufacturers (42 U.S.C. 6316). With
respect to test procedures, Part A-1 generally authorizes the Secretary
of Energy (the Secretary) to prescribe test procedures that are
reasonably designed to produce results which measure energy efficiency,
energy use, and estimated annual operating costs, and that are not
unduly burdensome to conduct. (42 U.S.C. 6314(a)(2))
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, based on clear
and convincing evidence, 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 340/360-2004, ``Performance Rating of Commercial and
Industrial Unitary Air-Conditioning and Heat Pump Equipment,'' for
small and large commercial package air-cooled heat pumps with
capacities >= 65,000 Btu/h and < 760,000 British thermal units per hour
(Btu/h). Id. at 71371. Pursuant to this rulemaking, DOE's regulations
at 10 CFR 431.95(b)(2) incorporate by reference ARI Standard 340/360-
2004, and Table 1 to 10 CFR 431.96 directs manufacturers of commercial
package air-cooled air conditioning and heating equipment to use the
appropriate procedure when measuring energy efficiency of those
products. (The cooling capacities of LG's commercial Multi V multi-
split air conditioning products, which are at issue in the waiver
petition filed by LG, range from 76,400 Btu/hr to 310,000 Btu/hr,
thereby resulting in these products falling within the range of ARI
Standard 340/360-2004, which covers products with capacities greater
than 65,000 Btu/hour.)
DOE's regulations for covered products permit a person to seek a
waiver from the test procedure requirements for covered commercial
equipment if at least one of the following conditions is met: (1) The
petitioner's basic model contains one or more design characteristics
which prevent testing according to the prescribed test procedures; or
(2) 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 431.401(a)(1). The
waiver provisions for commercial equipment are found at 10 CFR 431.401
and are substantively identical to those for covered consumer products.
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 431.401(b)(1)(iii). The Assistant
Secretary for Energy Efficiency and Renewable Energy (Assistant
Secretary) may grant a waiver subject to conditions, including
adherence to alternate test procedures. 10 CFR 431.401(f)(4). Waivers
generally terminate 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 431.401(g).
The waiver process also permits parties submitting a Petition for
Waiver to file an Application for Interim Waiver of the applicable test
procedure requirements. 10 CFR 431.401(a)(2). The Assistant Secretary
will grant an Interim Waiver request if it is determined that the
applicant will experience economic hardship if the Application for
Interim Waiver is denied, if it appears likely that the Petition for
Waiver will be granted, and/or the Assistant Secretary determines that
it would be desirable for public policy reasons to grant immediate
relief pending a determination on the Petition for Waiver. 10 CFR
431.401(e)(3). 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 it
[[Page 20690]]
may be extended by DOE for an additional 180 days, if necessary. 10 CFR
431.401(e)(4).
II. Petition for Waiver
On April 28, 2008, LG filed a Petition for Waiver from the test
procedures at 10 CFR 431.96, which are applicable to commercial package
air-cooled central air conditioners, and an Application for Interim
Waiver. The capacities of the LG Multi V multi-split heat pumps range
from 76,400 Btu/hr to 310,000 Btu/hr, making the applicable test
procedure for LG's commercial Multi V Plus II and Multi V Sync II
multi-split air conditioners ARI Standard 340/360-2004, which
manufacturers are directed to use pursuant to Table 1 of 10 CFR 431.96.
LG seeks a waiver from the applicable test procedures under 10 CFR
431.96 on the grounds that its Multi V multi-split central air
conditioners contain design characteristics that prevent testing
according to the current DOE test procedures. Specifically, LG asserts
that the two primary factors that prevent testing of multi-split
variable speed products, regardless of manufacturer, are the same
factors stated in the waivers that DOE granted to Mitsubishi Electric &
Electronics USA, Inc. (Mitsubishi) for a similar line of commercial
multi-split air-conditioning systems:
Testing laboratories cannot test products with so many
indoor units; and
There are too many possible combinations of indoor and
outdoor units to test. 69 FR 52661 (August 27, 2004) (Mitsubishi); 72
FR 17528 (April 9, 2007) (Mitsubishi); 72 FR 71383 (December 17, 2007)
(Fujitsu); 72 FR 71387 (December 17, 2007) (Samsung).
The Multi V systems have operational characteristics similar to
other commercial multi-split products manufactured by Mitsubishi,
Samsung, Fujitsu and Daikin, all of which have already been granted
waivers. Each of the Multi V system indoor units is designed to be used
with up to 52 other indoor units, which need not be the same models.
There are 70 different indoor models. In certain high-capacity
applications, LG's Multi V systems have the capability to combine two
outdoor units to create a larger capacity system. Accordingly, LG
requests that DOE grant a waiver from the applicable test procedures
for its Multi V product designs, until a suitable test method can be
prescribed.
III. Application for Interim Waiver
On April 28, 2008, in addition to its Petition for Waiver, LG
submitted to DOE an Application for Interim Waiver. LG's Application
for Interim Waiver does not provide sufficient information to evaluate
the level of economic hardship LG will likely experience if its
Application for Interim Waiver is denied. However, in those instances
where the likely success of the Petition for Waiver has been
demonstrated, based upon DOE having granted a waiver for similar
product designs, it is in the public interest to have similar products
tested and rated for energy consumption on a comparable basis. DOE has
previously granted Interim Waivers to Fujitsu (70 FR 5980 (Feb. 4,
2005)), Samsung (70 FR 9629 (Feb. 28, 2005)), Mitsubishi (72 FR 17533
(April 9, 2007)), and Daikin (72 FR 35986 (July 2, 2007)), for
comparable commercial multi-split air conditioners and heat pumps.
Moreover, as noted above, DOE approved the Petitions for Waiver
from Mitsubishi (72 FR 17528 (April 9, 2007)), Fujitsu (72 FR 71383
(Dec. 17, 2007)), Samsung (72 FR 71387 (Dec. 17, 2007)), and Daikin (73
FR 39680 (July 10, 2008)), for their comparable lines of multi-split
air conditioners and heat pumps. The two principal reasons supporting
the grant of these waivers also apply to LG's Multi V products: (1)
Test laboratories cannot test products with so many indoor units; \3\
and (2) it is impractical to test so many combinations of indoor units
with each outdoor unit. Thus, DOE has determined that it is likely that
LG's Petition for Waiver will be granted for its new Multi V multi-
split models. Therefore, it is ordered that:
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\3\ \\ According to the LG petition, up to 52 indoor units of
its commercial package multi-split air conditioners may be connected
in a single system. However, DOE believes that, based on
communications with multi-split manufacturers and commercial testing
laboratories, test room limitations at laboratory testing facilities
make testing this number of indoor units extremely difficult.
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The Application for Interim Waiver filed by LG is hereby granted
for LG's Multi V air-cooled multi-split central air conditioners,
subject to the specifications and conditions below.
1. LG shall not be required to test or rate its Multi V commercial
air-cooled multi-split products on the basis of the currently
applicable test procedure under 10 CFR 431.96, which incorporates by
reference ARI Standard 340/360-2004.
2. LG shall be required to test and rate its Multi V commercial
air-cooled multi-split products according to the alternate test
procedure as set forth in section IV(3), ``Alternate test procedure.''
The Interim Waiver applies to the following models:
Multi V Series Outdoor Units
Plus II 3[Oslash] 460V 60 Hz models: ARUN076DT2, ARUN096DT2,
ARUN115DT2, ARUN134DT2, ARUN154DT2, ARUN173DT2, ARUN192DT2, ARUN211DT2,
ARUN230DT2, ARUN250DT2, ARUN270DT2, ARUN290DT2, and ARUN310DT2 with
nominally rated cooling capacities of 76,400, 95,900, 114,700, 133,800,
152,900, 172,000, 191,100, 211,000, 230,000, 250,000, 270,000, 290,000,
and 310,000 Btu/h respectively. The maximum number of connectable
indoor units is 13, 16, 20, 23, 26, 29, 32, 35, 39, 42, 49, and 52
respectively.
Plus II 3[Oslash] 230/208V 60 Hz models: ARUN076BT2, ARUN096BT2,
ARUN115BT2, ARUN154BT2, ARUN173BT2, ARUN192BT2, ARUN211BT2, and
ARUN230BT2 with nominally rated cooling capacities of 76,400, 95,900,
114,700, 152,900, 172,000, 191,100, 211,000, and 230,000 Btu/h
respectively. The maximum number of connectable indoor units is 13, 16,
20, 26, 29, 32, 35, and 39 respectively.
Sync II 3[Oslash] 230/208V 60 Hz models: ARUB076BT2, ARUB096BT2,
ARUB115BT2, ARUB154BT2, ARUB173BT2, ARUB192BT2, ARUB211BT2, and
ARUB230BT2 with nominally rated cooling capacities of 76,400, 95,900,
114,700, 152,900, 172,000, 191,000, 211,000, and 230,000 Btu/h
respectively. The maximum number of connectable indoor units is 13, 16,
20, 26, 29, 32, 35, and 39 respectively.
Compatible Indoor Units for the Above-Listed Outdoor Units
Wall Mounted: ARNU073SEL2, ARNU093SEL2, ARNU123SEL2, ARNU153SEL2,
ARNU183S5L2, and ARNU243S5L2 with nominally rated cooling capacities of
7,500, 9,600, 12,300, 15,400, 19,100, and 24,200 Btu/h respectively.
Art Cool Gallery: ARNU073SF*2, ARNU093SF*2, and ARNU123SF*2 with
nominally rated cooling capacities of 7,500, 9,600, and 12,300 Btu/h
respectively.
Art Cool Mirror: ARNU073SE*2, ARNU093SE*2, ARNU123SE*2,
ARNU153SE*2, ARNU183S3*2, and ARNU243S3*2 with nominally rated cooling
capacities of 7,500, 9,600, 12,300, 15,400, 19,100, and 24,200 Btu/h
respectively.
4 Way Cassette: ARNU073TEC2, ARNU093TEC2, ARNU123TEC2, ARNU153TEC2,
ARNU183TEC2, ARNU243TPC2, ARNU283TPC2, ARNU363TNC2, ARNU423TMC2, and
[[Page 20691]]
ARNU483TMC2 with nominally rated cooling capacities of 7,500, 9,600,
12,300, 15,400, 19,100, 24,200, 28,000, 36,200, 42,000, and 48,100 Btu/
h respectively.
2 Way Cassette: ARNU183TLC2 and ARNU243TLC2 with nominally rated
capacities of 19,100 and 24,200 Btu/h respectively.
1 Way Cassette: ARNU073TJC2, ARNU093TJC2, and ARNU123TJC2 with
nominally rated capacities of 7,500, 9,600, and 12,300 Btu/h
respectively.
Ceiling Concealed Duct--Low Static: ARNU073B1G2, ARNU093B1G2,
ARNU123B1G2, ARNU153B1G2, ARNU183B2G2, and ARNU243B2G2 with nominally
rated capacities of 7,500, 9,600, 12,300, 15,400, 19,100, and 24,200
Btu/h respectively.
Ceiling Concealed Duct--Built-in: ARNU073B3G2, ARNU093B3G2,
ARNU123B3G2, ARNU153B3G2, ARNU183B4G2, and ARNU243B4G2 with nominally
rated capacities of 7,500, 9,600, 12,300, 15,400, 19,100, and 24,200
Btu/h respectively.
Ceiling Concealed Duct--High Static: ARNU073BHA2, ARNU093BHA2,
ARNU123BHA2, ARNU153BHA2, ARNU183BHA2, ARNU243BHA2, ARNU283BGA2,
ARNU363BGA2, ARNU423BGA2, ARNU483BRA2, URNU763B8A2, and URNU963B8A2
with nominally rated capacities of 7,500, 9,600, 12,300, 15,400,
19,100, 24,200, 28,000, 36,200, 42,000, 48,100, 76,400, and 95,500 Btu/
h respectively.
Ceiling & Floor: ARNU093VEA2 and ARNU123VEA2 with nominally rated
capacities of 9,600 and 12,300 Btu/h respectively.
Ceiling Suspended: ARNU183VJA2 and ARNU243VJA2 with nominally rated
capacities of 19,100 and 24,200 Btu/h respectively.
Floor Standing with Case: ARNU073CEA2, ARNU093CEA2, ARNU123CEA2,
ARNU153CEA2, ARNU183CFA2, and ARNU243CFA2 with nominally rated
capacities of 7,500, 9,600, 12,300, 15,400, 19,100, and 24,200 Btu/h
respectively.
Floor Standing without Case: ARNU073CEU2, ARNU093CEU2, ARNU123CEU2,
ARNU153CEU2, ARNU183CFU2, and ARNU243CFU2 with nominally rated
capacities of 7,500, 9,600, 12,300, 15,400, 19,100, and 24,200 Btu/h
respectively.
This Interim Waiver is conditioned upon the presumed validity of
statements, representations, and documents provided by the petitioner.
DOE may revoke or modify this Interim Waiver at any time upon a
determination that the factual basis underlying the Petition for Waiver
is incorrect, or upon a determination that the results from the
alternate test procedure are unrepresentative of the basic models' true
energy consumption characteristics.
IV. Alternate Test Procedure
Responding to two recent Petitions for Waiver from Mitsubishi, DOE
specified an alternate test procedure to provide a basis from which
Mitsubishi could test and make valid energy efficiency representations
for its R410A CITY MULTI products, as well as for its R22 multi-split
products. Alternate test procedures related to the Mitsubishi petitions
were published in the Federal Register on April 9, 2007. See 72 FR
17528 and 72 FR 17533. For reasons similar to those published in these
prior notices, DOE believes that an alternate test procedure is needed
in this instance.
In general, DOE understands that existing testing facilities have a
limited ability to test multiple indoor units simultaneously, and the
large number of possible combinations of indoor and outdoor units for
some variable refrigerant flow zoned systems makes it impractical for
manufacturers to test. We further note that subsequent to the waiver
that DOE granted for Mitsubishi's R22 multi-split products, ARI formed
a committee to discuss the issue and to work on developing an
appropriate testing protocol for variable refrigerant flow systems.
However, to date, no additional test methodologies have been adopted by
the committee or submitted to DOE.
Therefore, as discussed below, as a condition for granting this
Interim Waiver to LG, DOE is including an alternate test procedure
similar to those granted to Mitsubishi for its R22 and R410A products.
DOE plans to consider the same alternate test procedure in the context
of the subsequent Decision and Order pertaining to LG's Petition for
Waiver. Utilization of this alternate test procedure will allow LG to
test and make energy efficiency representations for its Multi V
products. More broadly, DOE is also applying a similar alternate test
procedure to other waivers for similar residential and commercial
central air conditioners and heat pumps. Such cases include petitions
for waiver involving multi-split products manufactured by Samsung (72
FR 71387 (Dec. 17, 2007)), Fujitsu (72 FR 71383 (Dec. 17, 2007)), and
Daikin (73 FR 39680 (July 10, 2008)).
The alternate test procedure developed in conjunction with the
Mitsubishi waiver has two basic components. First, it permits LG 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 eight indoor units so that it can be tested in available
test facilities.\4\ The tested combination must be tested according to
the applicable DOE test procedure, as modified by the provisions of the
alternate test procedure as set forth below.
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\4\ \\ The ``tested combination'' was originally defined to
consist of one outdoor unit matched with between 2 and 5 indoor
units. The maximum number of indoor units in a tested combination is
increased in this instance from 5 to 8 to account for the fact that
these larger-capacity products can accommodate a greater number of
indoor units.
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Second, DOE believes that an alternate test procedure is needed so
that manufacturers of such products can make valid and consistent
representations of energy efficiency for their air-conditioning and
heat pump products. In the present case, DOE is modifying the alternate
test procedure taken from the above-referenced waiver granted to
Mitsubishi for its R410A and R22 CITY MULTI products. DOE plans to
consider inclusion of the following waiver language in the Decision and
Order for LG's Multi V commercial multi-split air-cooled heat pump
models:
(1) The ``Petition for Waiver'' filed by LG Electronics, Inc. is
hereby granted as set forth in the paragraphs below.
(2) LG shall not be required to test or rate its Multi V variable
capacity multi-split heat pump products listed above in section III, on
the basis of the currently applicable test procedures, but shall be
required to test and rate such products according to the alternate test
procedure as set forth in paragraph (3).
(3) Alternate test procedure.
(A) LG shall be required to test the products listed in section III
above according to the test procedures for central air conditioners and
heat pumps prescribed by DOE at 10 CFR 431.96, except that LG 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, LG shall make representations concerning the Multi V
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
[[Page 20692]]
waiver, the tested combination shall have the following features:
(1) The basic model of a variable refrigerant flow system used as a
tested combination shall consist of one outdoor unit, with one or more
compressors, that is matched with between 2 and 8 indoor units; for
multi-split systems, each of these indoor units shall be designed for
individual operation.
(2) The indoor units shall--
(i) Represent the highest sales model family, or another indoor
model family if the highest sales model family does not provide
sufficient capacity (see ii);
(ii) Together, have a nominal cooling capacity that is between 95%
and 105% of the nominal cooling capacity of the outdoor unit;
(iii) Not, individually, have a nominal cooling capacity that is
greater than 50% of the nominal cooling capacity of the outdoor unit;
(iv) Operate at fan speeds that are consistent with the
manufacturer's specifications; and
(v) All be subject to the same minimum external static pressure
requirement while being configurable to produce the same static
pressure at the exit of each outlet plenum when manifolded as per
section 2.4.1 of 10 CFR Part 430, Subpart B, Appendix M.
(C) Representations. In making representations about the energy
efficiency of its Multi V variable capacity air-cooled multi-split heat
pump and heat recovery system products, for compliance, marketing, or
other purposes, LG must fairly disclose the results of testing under
the DOE test procedure, doing so in a manner consistent with the
provisions outlined below:
(1) For Multi V combinations tested in accordance with this
alternate test procedure, LG may make representations based on these
test results.
(2) For Multi V combinations that are not tested, LG may make
representations based on the testing results for the tested combination
and which is consistent with either of the two following methods,
except that only method (i) may be used, if available:
(i) Representation of non-tested combinations according to an
Alternative Rating Method (ARM) approved by DOE; or
(ii) Representation of non-tested combinations at the same energy
efficiency level as the tested combination with the same outdoor unit.
V. Summary and Request for Comments
Through today's notice, DOE announces receipt of the LG Petition
for Waiver from the test procedures applicable to LG's Multi V
commercial multi-split heat pump products, and for the reasons
articulated above, DOE is granting LG an Interim Waiver from those
procedures. As part of this notice, DOE is publishing LG's Petition for
Waiver in its entirety. The Petition contains no confidential
information. Furthermore, today's notice includes an alternate test
procedure that LG is required to follow as a condition of its Interim
Waiver and that DOE is considering including in its subsequent Decision
and Order. In this alternate test procedure, DOE is defining a ``tested
combination'' which LG could use in lieu of testing all retail
combinations of its Multi V multi-split heat pump products.
Furthermore, should a subsequent manufacturer be unable to test all
retail combinations, DOE is considering allowing such manufacturers to
rate waived products according to an ARM approved by DOE, or to rate
waived products in the same manner as the specified tested combination
with the same outdoor unit. DOE is also considering applying a similar
alternate test procedure to other comparable Petitions for Waiver for
residential and commercial central air conditioners and heat pumps.
Such cases include Daikin's Petition for Waiver for its Variable
Refrigerant Volume (VRV) products at 72 FR 35986 (July 2, 2007), and
Mitsubishi's Petition for Waiver for its water source variable
refrigerant flow products at 72 FR 17533 (April 9, 2007).
DOE is interested in receiving comments on the issues addressed in
this notice. Pursuant to 10 CFR 431.401(d), any person submitting
written comments must also send a copy of such comments to the
petitioner, whose contact information is included in the section
entitled ADDRESSES section above.
Issued in Washington, DC, on April 21, 2009.
Steven G. Chalk,
Principal Deputy Assistant Secretary, Energy Efficiency and Renewable
Energy.
April 28, 2008
The Honorable Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy,
United States Department of Energy,
Forrestal Building,
1000 Independence Avenue, SW.,
Washington, DC 20585.
Re: Petition for Waiver and Application for Interim Waiver, LG
Electronics Multi V Multi-Split Air Conditioning Systems
Dear Mr. Karsner: LG Electronics, Inc. (LG) respectfully submits
this Petition for Waiver and Application for Interim Waiver,
pursuant to 10 CFR 431.401, for LG Multi V multi-split air
conditioning systems, specifically Multi V Plus II and Multi V Sync
II systems.\1\
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\1\ This request is a revision of the request dated April 16,
2008. It adds some outdoor models and changes certain model numbers.
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Among other things, the applicable test procedure does not
provide a method for testing and rating a system that utilizes so
many indoor units; the applicable test procedure does not provide a
method for rating systems where the type and capacity of the indoor
unit can be mixed in the same system; and no testing laboratories
can test products with so many indoor units.
Waiver relief has been granted for many other comparable
commercial multi-splits, including Mitsubishi, Samsung, Fujitsu,
Sanyo Fisher, and Daikin. See 69 FR 52660 (Aug. 27, 2004)
(Mitsubishi); 71 FR 14858 (March 24, 2006) (Mitsubishi); 72 FR 17528
(April 9, 2007) (Mitsubishi); 70 FR 9629 (Feb. 28, 2005) (Samsung);
72 FR 71387 (Dec. 17, 2007) (Samsung); 72 FR 71383 (Dec. 17, 2007
(Fujitsu); 73 FR 179 (Jan. 2, 2008) (Sanyo Fisher); 73 FR 1207, 1213
(Jan. 7, 2008) (Daikin).
LG is a manufacturer of digital appliances, as well as mobile
communications, digital displays, and digital media products. Its
appliances include air-conditioners, washing machines, clothes
dryers, refrigerators, refrigerator-freezers, air cleaners, ovens,
microwave ovens, dishwashers, and vacuum cleaners and are sold
worldwide, including in the United States. LG's U.S. operations are
LG Electronics USA, Inc., with headquarters at 1000 Sylvan Avenue,
Englewood Cliffs, NJ 07632 (tel. 201-816-2000). Its worldwide
headquarters are located at LG Twin Towers 20, Yoido-dong,
Youngdungpo-gu Seoul, Korea 150-721 (tel. 011-82-2-3777-1114) URL:
http.www.LGE.com. LG's principal brands include LG[supreg] and OEM
brands, including GE[supreg] and Kenmore[supreg]. LG's appliances
are produced in Korea and Mexico.
LG's Multi V systems are beneficial products, each consisting of
a single outdoor unit, using a scroll type inverter compressor with
variable capacity, that can connect to multiple indoor units and
that uses variable refrigerant flow and control systems. (In certain
high capacity applications [152,900 Btu/h and above], a consumer can
choose between a system using a single outdoor unit and a system
using two outdoor units.) These multi-splits are intended to be used
in zoning systems where an outdoor unit can be connected with up to
between 13 and 52 separate indoor units in a zoned system, which
need not be the same models. The operating characteristics allow
each indoor unit to have a different set temperature and a different
mode of operation (i.e., on/off/fan). All of the indoor units are
capable of operating independently, with their own temperature and
fan speed setting. Based on those controls, the outdoor unit will
then determine the cooling or heating capacity delivered into the
zones. The system therefore offers great flexibility and
[[Page 20693]]
convenience to the consumer, permitting precise space conditioning
control throughout the building, and thus saving energy. The cooling
capacities of the systems are between 76,400 and 310,000 Btu/h.
There are 29 outdoor units and 70 indoor units. Model numbers and
related descriptions are set forth in Appendix A.
The variable speed, constant speed or dual compressors and the
associated system controls can direct refrigerant flow throughout
the system to precisely meet the various heating or cooling loads
required in the conditioned areas. The compressor is capable of
reducing its operating capacity to as little as 10 percent of its
rated capacity. The outdoor fan motor also has a variable speed
drive to properly match the outdoor coil to indoor loads. Zone
diversity enables the system to have a total connected indoor unit
capacity of up to 130 percent of the capacity of the outdoor unit.
As discussed above, up to between 13 and 52 indoor units can be
matched with each related outdoor unit. Thus, for each outdoor unit
there is a multitude of possible combinations of indoor units that
can be matched in a system configuration. And since there are 29
outdoor units and 70 indoor units, there is an enormous total of
possible combinations.
A waiver and interim waiver for LG Multi V systems are warranted
because test procedures under the Energy Policy and Conservation Act
(EPCA), 42 U.S.C. 6291 et seq., namely 10 CFR 431.96, evaluate the
basic models in a manner so unrepresentative of their true energy
consumption characteristics as to provide materially inaccurate
comparative data, and/or the basic models contain one or more design
characteristics that prevent testing of the basic model according to
the prescribed test procedures. In such circumstances DOE ``will
grant'' waiver relief. 10 CFR 431.401(e)(3), (f)(4). In that regard:
--The test procedure provides for testing of a pair of indoor
and outdoor assemblies making up a typical split system, but does
not specify how LG Multi V systems, with so many combinations of
indoor units for each outdoor unit, could be evaluated. The
situation is further complicated by the fact that there are 29
outdoor units. It is not practical to test each possible
combination, and the test procedure provides no alternative rating
method for generating efficiency ratings for systems with more than
one indoor unit. Thus, the test procedure does not contemplate, and
cannot practically be applied to, LG Multi V systems.
--Testing laboratories cannot test products with so many indoor
units. In that regard, the testing of multi-splits when all indoor
units are connected cannot be physically located in a single room.
--The test procedure provides for testing ``matched
assemblies,'' which does not apply to LG Multi V systems. Indoor and
outdoor coils in split systems are typically balanced; that is, the
capacity of the outdoor coil is equivalent to the capacity of the
indoor coil. The test procedure's application to ``matched
assemblies'' contemplates such a balance between indoor and outdoor
coil capacity. With the Multi V systems, however, the sum of the
capacity of the indoor units connected into the system can be as
much as 130 percent of the capacity of the outdoor coil. Such
unbalanced combinations of LG indoor and outdoor units are permitted
by the zoning characteristics of the system, the use of electronic
expansion valves to precisely control refrigerant flow to each
indoor coil, and the system intelligence for overall system control.
The test procedure designed for ``matched assemblies'' therefore
does not contemplate or address testing for substantially unbalanced
zoning systems such as the LG Multi V systems.
--The indoor units are designed to operate at many different
external static pressure values, which compounds the difficulty of
testing LG Multi V systems. A test facility could not maintain
proper airflow at several different external static pressure values
for the many indoor units that would be connected to the outdoor
unit.
* * *
For all of these reasons, the existing test procedures evaluate
the LG Multi V systems in a manner so unrepresentative of their true
energy consumption characteristics as to provide materially
inaccurate comparative data and/or the basic models contain one or
more design characteristics that prevent testing of the basic model
according to the prescribed test procedures. Therefore, DOE should
grant a waiver for LG Multi V systems. See 10 CFR 431.401(a)(1). The
waiver should continue until a test procedure can be developed and
adopted that will provide the U.S. market with a fair and accurate
assessment of the LG Multi V system energy consumption and
efficiency levels. LG intends to work with DOE, stakeholders, and
the Air-Conditioning and Refrigeration Institute (ARI) to develop
the appropriate test procedure.
There are no alternative test procedures known to LG that could
evaluate these products in a representative manner (other than
perhaps the procedures provided by DOE in its waiver decisions for
comparable products).
That a waiver is warranted is borne out by the fact that DOE has
granted waiver relief to Mitsubishi, Samsung, Fujitsu, Sanyo Fisher,
and Daikin for comparable commercial multi-splits.
Manufacturers of all other basic models marketed in the United
States and known to LG to incorporate similar design characteristics
as found in the LG Multi V systems include Mitsubishi Electric and
Electronics USA, Mitsubishi Heavy Industries Climate Control, Inc.,
Samsung Air Conditioning, Fujitsu General Limited, Sanyo Fisher
(USA) Corp., and Daikin AC (Americas), Inc.
LG also requests immediate relief by grant of an interim waiver.
Grant of an interim waiver is fully justified:
--The petition for waiver is likely to be granted, as evidenced
not only by its merits, but also because DOE has already granted
waiver relief to Mitsubishi, Samsung, Fujitsu, Sanyo Fisher, and
Daikin for their commercial multi-splits. In such instances, it is
in the public interest to have similar products tested and rated for
energy consumption on a comparable basis.
--Without waiver relief, LG will be at a competitive
disadvantage in the market and suffer economic hardship. LG would be
placed in an untenable situation: the Multi V systems would be
subject to a set of regulations that DOE already acknowledges should
not apply to such a product, while at the same time other
manufacturers are allowed to operate relieved from such regulations.
--Significant investment has already been made in LG Multi V
systems. Lack of relief would not allow LG to recoup this investment
and would deny LG anticipated sales revenue. This does not take into
account significant losses in goodwill and brand acceptance.
--The basic purpose of EPCA is to foster purchase of energy-
efficient products, not hinder such purchases. LG Multi V systems
produce a benefit to consumers and are in the public interest. To
encourage and foster the availability of these products is in the
public interest. Standards programs should not be used as a means to
block innovative, improved designs.\2\ DOE's rules should
accommodate and encourage--not act to block--such a product.
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\2\ See FTC Advisory Opinion No. 457, TRRP 1718.20 (1971
Transfer Binder); 49 FR 32213 (Aug. 13, 1984); 52 FR 49141, 49147-48
(Dec. 30, 1987).
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--Granting the interim waiver and waiver would also eliminate a
non-tariff trade barrier.
--Grant of relief would also help enhance economic development
and employment, including not only LG Electronics USA's operations
in New Jersey, Illinois and Alabama, but also at major national
retailers and regional dealers that carry LG products. Furthermore,
continued employment creation and ongoing investments in its
marketing, sales and servicing activities will be fostered by
approval of the interim waiver. Conversely, denial of the requested
relief would harm the company and would be anticompetitive.
Conclusion
LG respectfully requests that DOE grant a waiver and interim
waiver from existing test standards for LG Multi V multi-split
systems until such time as a representative test procedure is
developed and adopted for such products.
We would be pleased to discuss this request with DOE and provide
further information as needed.
We hereby certify that all manufacturers of domestically
marketed units of the same product type have been notified by letter
of this petition and application, copies of which letters are
attached (Appendix B).
Sincerely,
John I. Taylor
Vice President, Government Relations
LG Electronics USA, Inc.
1750 K Street, NW.
Washington, DC 20006
Phone: 202-719-3490
Fax: 847-941-8177
E-mail: jtaylor@lge.com
Of counsel:
John A. Hodges
Wiley Rein LLP
[[Page 20694]]
1776 K Street, NW.
Washington, DC 20006
Phone: 202-719-7000
Fax: 202-719-7049
E-mail: jhodges@wileyrein.com
Appendix A
Multi V Series Outdoor Units
Plus II 3O 460V 60 Hz models: ARUN076DT2, ARUN096DT2,
ARUN115DT2, ARUN134DT2, ARUN154DT2, ARUN173DT2, ARUN192DT2,
ARUN211DT2, ARUN230DT2, ARUN250DT2, ARUN270DT2, ARUN290DT2, and
ARUN310DT2 with nominally rated cooling capacities of 76,400,
95,900, 114,700, 133,800, 152,900, 172,000, 191,100, 211,000,
230,000, 250,000, 270,000, 290,000, and 310,000 Btu/h respectively.
The maximum number of connectable indoor units is 13, 16, 20, 23,
26, 29, 32, 35, 39, 42, 49, and 52 respectively.
Plus II 3O 230/208V 60 Hz models: ARUN076BT2, ARUN096BT2,
ARUN115BT2, ARUN154BT2, ARUN173BT2, ARUN192BT2, ARUN211BT2, and
ARUN230BT2 with nominally rated cooling capacities of 76,400,
95,900, 114,700, 152,900, 172,000, 191,100, 211,000, and 230,000
Btu/h respectively. The maximum number of connectable indoor units
is 13, 16, 20, 26, 29, 32, 35, and 39 respectively.
Sync II 3O 230/208V 60 Hz models: ARUB076BT2, ARUB096BT2,
ARUB115BT2, ARUB154BT2, ARUB173BT2, ARUB192BT2, ARUB211BT2, and
ARUB230BT2 with nominally rated cooling capacities of 76,400,
95,900, 114,700, 152,900, 172,000, 191,000, 211,000, and 230,000
Btu/h respectively. The maximum number of connectable indoor units
is 13, 16, 20, 26, 29, 32, 35, and 39 respectively.
Compatible Indoor Units for the Above-Listed Outdoor Units
Wall Mounted: ARNU073SEL2, ARNU093SEL2, ARNU123SEL2,
ARNU153SEL2, ARNU183S5L2, and ARNU243S5L2 with nominally rated
cooling capacities of 7,500, 9,600, 12,300, 15,400, 19,100, and
24,200 Btu/h respectively.
Art Cool Gallery: ARNU073SF*2, ARNU093SF*2, and ARNU123SF*2 with
nominally rated cooling capacities of 7,500, 9,600, and 12,300 Btu/h
respectively.
Art Cool Mirror: ARNU073SE*2, ARNU093SE*2, ARNU123SE*2,
ARNU153SE*2, ARNU183S3*2, and ARNU243S3*2 with nominally rated
cooling capacities of 7,500, 9,600, 12,300, 15,400, 19,100, and
24,200 Btu/h respectively.
4 Way Cassette: ARNU073TEC2, ARNU093TEC2, ARNU123TEC2,
ARNU153TEC2, ARNU183TEC2, ARNU243TPC2, ARNU283TPC2, ARNU363TNC2,
ARNU423TMC2, and ARNU483TMC2 with nominally rated cooling capacities
of 7,500, 9,600, 12,300, 15,400, 19,100, 24,200, 28,000, 36,200,
42,000, and 48,100 Btu/h respectively.
2 Way Cassette: ARNU183TLC2 and ARNU243TLC2 with nominally rated
capacities of 19,100 and 24,200 Btu/h respectively.
1 Way Cassette: ARNU073TJC2, ARNU093TJC2, and ARNU123TJC2 with
nominally rated capacities of 7,500, 9,600, and 12,300 Btu/h
respectively.
Ceiling Concealed Duct--Low Static: ARNU073B1G2, ARNU093B1G2,
ARNU123B1G2, ARNU153B1G2, ARNU183B2G2, and ARNU243B2G2 with
nominally rated capacities of 7,500, 9,600, 12,300, 15,400, 19,100,
and 24,200 Btu/h respectively.
Ceiling Concealed Duct--Built-in: ARNU073B3G2, ARNU093B3G2,
ARNU123B3G2, ARNU153B3G2, ARNU183B4G2, and ARNU243B4G2 with
nominally rated capacities of 7,500, 9,600, 12,300, 15,400, 19,100,
and 24,200 Btu/h respectively.
Ceiling Concealed Duct--High Static: ARNU073BHA2, ARNU093BHA2,
ARNU123BHA2, ARNU153BHA2, ARNU183BHA2, ARNU243BHA2, ARNU283BGA2,
ARNU363BGA2, ARNU423BGA2, ARNU483BRA2, URNU763B8A2, and URNU963B8A2
with nominally rated capacities of 7,500, 9,600, 12,300, 15,400,
19,100, 24,200, 28,000, 36,200, 42,000, 48,100, 76,400, and 95,500
Btu/h respectively.
Ceiling & Floor: ARNU093VEA2 and ARNU123VEA2 with nominally
rated capacities of 9,600 and 12,300 Btu/h respectively.
Ceiling Suspended: ARNU183VJA2 and ARNU243VJA2 with nominally
rated capacities of 19,100 and 24,200 Btu/h respectively.
Floor Standing with Case: ARNU073CEA2, ARNU093CEA2, ARNU123CEA2,
ARNU153CEA2, ARNU183CFA2, and ARNU243CFA2 with nominally rated
capacities of 7,500, 9,600, 12,300, 15,400, 19,100, and 24,200 Btu/h
respectively.
Floor Standing without Case: ARNU073CEU2, ARNU093CEU2,
ARNU123CEU2, ARNU153CEU2, ARNU183CFU2, and ARNU243CFU2 with
nominally rated capacities of 7,500, 9,600, 12,300, 15,400, 19,100,
and 24,200 Btu/h respectively.
Appendix B
Certification
This is to certify that LG Electronics, Inc. has sent by next
day delivery a copy of its petition for waiver and application for
interim waiver for LG Multi V multi-split air conditioning systems,
known to LG, of domestically marketed units of the same product type
(as listed the Energy Policy and Conservation Act, as amended, 42
U.S.C. 6311). The cover letter to each person states that the person
may submit comments to DOE.
Attached are the names and addresses of each person to whom a
copy of the petition and waiver was sent by next day delivery.
Certified by:
John I. Taylor,
Vice President, Government Relations,
LG Electronics USA, Inc.,
1750 K Street, NW.,
Washington, DC 20006,
Phone: 202-719-3490,
Fax: 847-941-8177,
E-mail: jtaylor@lge.com
Date: April 28, 2008
April 28, 2008
To Whom It May Concern:
Re: LG Electronics, Inc. Petition for Waiver and Application for
Interim Waiver; Opportunity for Comment
This is to notify you by next day delivery of LG Electronics
Inc.'s enclosed Petition for Waiver and Application for Interim
Waiver of the United States Department of Energy (DOE) regulations
on energy conservation test procedures. In accordance with DOE
rules, we are also advising you of your opportunity to comment to
DOE. The Assistant Secretary for Conservation and Renewable Energy
will consider timely written comments. Comments are to be submitted
to: Assistant Secretary for Energy Efficiency and Renewable Energy,
U.S. Department of Energy, 1000 Independence Avenue, SW, Washington,
DC 20585-0107
Pursuant to DOE's rules, please provide us with a copy of any
comments.
Sincerely,
John I. Taylor,
Vice President, Government Relations,
LG Electronics USA, Inc.,
1750 K Street, NW.,
Washington, DC 20006,
Phone: 202-719-3490,
Fax: 847-941-8177,
E-mail: jtaylor@lge.com
Daikin AC (Americas), Inc., 1645 Wallace Drive, Suite 110,
Carrollton, TX 75006, Attn: Yoshinobu Inoue, President
Fujitsu General America, Inc., 353 Route 46 West, Fairfield, NJ
07004, Attn: Roy Kuczera, Senior Vice President of HVAC Sales, and
Arturo Thur De Koos, Engineering & Technical Support
Mitsubishi Electric & Electronics USA, Inc., 4300 Lawrenceville-
Suwanee Road, Suwanee, GA 30024, Attn: S. William Rau, Senior Vice
President and General Manager, HVAC Advanced Products Division
Mitsubishi Heavy Industries Climate Control Inc., 3030 E. Victoria
Street, Rancho Dominguez, CA 90221, Attn: Caesar Ceballos, Technical
Support Manager
Samsung Air Conditioning, Samsung Electronics Products, LTD., 2865
Pellissier Pl., Whittier, CA 90601, Attn: John Miles, Director,
Engineering & Technical Support
Sanyo Fisher (USA) Corp., 1690 Roberts Blvd., Suite 110, Kennesaw,
GA 30144, Attn: Gary Nettinger, Vice President, Technical and
Service
Air-Conditioning and Refrigeration Institute, 4100 North Fairfax
Drive, Suite 200, Arlington, VA 22203, Attn: Stephen R. Yurek, Esq.,
President
[FR Doc. E9-10320 Filed 5-4-09; 8:45 am]
BILLING CODE 6450-01-P
