Energy Conservation Program for Commercial Equipment: Decision and Order Granting a Waiver to LG Electronics, Inc. (LG) From the Department of Energy Commercial Package Air Conditioner and Heat Pump Test Procedures, 66330-66334 [E9-29808]
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Federal Register / Vol. 74, No. 239 / Tuesday, December 15, 2009 / Notices
enable the system to provide year round
heating in very low ambient
temperatures. The Daikin VRV–III–C
product class will introduce
technologies that will increase system
efficiency and reduce national energy
consumption, and that will also offer a
new level of comfort and control to end
users.
DACA requests that DOE grant our
Application for Interim Waiver so we
can bring the new highly energy
efficient technology represented by the
Daikin VRV–III–C product class to the
market as soon as possible, thereby
allowing the U.S. consumer to benefit
from our high technology and high
efficiency product.
Confidential Information
sroberts on DSKD5P82C1PROD with NOTICES
DACA makes no request to DOE for
confidential treatment of any
information contained in this Petition
for Waiver and Application for Interim
Waiver.
• Conclusion
Daikin AC (Americas), Inc.
Corporation respectfully requests DOE
to grant its Petition for Waiver of the
applicable test procedure to DACA for
specified models of the VRV–III–C
system, and to grant its Application for
Interim Waiver. DOE’s failure to issue
an interim waiver from test standards
would cause significant economic
hardship to DACA by preventing DACA
from marketing these products even
though DOE has previously granted
waivers to other products that were
offered in the market with similar
design characteristics.
We would be pleased to respond to
any questions you may have regarding
this Petition for Waiver and Application
for Interim Waiver. Please contact Lee
Smith, Director of Product Marketing at
972–245–1510 or by email at
Lee.smith@daikinac.com.
Sincerely,
Akinori Atarashi,
President
Daikin AC (Americas), Inc.
1645 Wallace Drive
Suite 110
Carrollton, Texas 75006
(Submitted in triplicate)
Encls.
cc:
Mitsubishi Electric & Electronics USA, Inc
4300 Lawrenceville-Suwanee Road
Suwanee, GA 30024
Attn: William Rau, Senior Vice President and
General Manager
[FR Doc. E9–29795 Filed 12–14–09; 8:45 am]
BILLING CODE 6450–01–P
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DEPARTMENT OF ENERGY
[Case No. CAC–021]
Energy Conservation Program for
Commercial Equipment: Decision and
Order Granting a Waiver to LG
Electronics, Inc. (LG) From the
Department of Energy Commercial
Package Air Conditioner and Heat
Pump Test Procedures
AGENCY: Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Decision and Order.
SUMMARY: This notice publishes the U.S.
Department of Energy’s (DOE) Decision
and Order in Case No. CAC–021, which
grants a waiver to LG from the existing
DOE test procedure applicable to
commercial package central air
conditioners and heat pumps. The
waiver is specific to the LG variable
speed and variable refrigerant volume
Multi V (commercial) multi-split heat
pumps and heat recovery systems. As a
condition of this waiver, LG must test
and rate its Multi V multi-split products
according to the alternate test procedure
set forth in this notice.
DATES: This Decision and Order is
effective December 15, 2009.
FOR FURTHER INFORMATION CONTACT: Dr.
Michael G. Raymond, U.S. Department
of Energy, Building Technologies
Program, Mailstop EE–2J, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–9611. E-mail:
Michael.Raymond@ee.doe.gov.
Francine Pinto or Michael Kido, U.S.
Department of Energy, Office of the
General Counsel, Mail Stop GC–72,
1000 Independence Avenue, SW.,
Washington, DC 20585–0103.
Telephone: (202) 586–9507. E-mail:
Francine.Pinto@hq.doe.gov or
Michael.Kido@hq.doe.gov.
SUPPLEMENTARY INFORMATION: In
accordance with 10 CFR 431.401(f)(4),
DOE gives notice of the issuance of its
Decision and Order as set forth below.
In this Decision and Order, DOE grants
LG a Waiver from the existing DOE
commercial package air conditioner and
heat pump test procedures for its Multi
V multi-split products, subject to a
condition requiring LG to test and rate
the specified models from its Multi V
multi-split product line pursuant to the
alternate test procedure provided in this
notice. The current test procedure is the
Air-Conditioning and Refrigeration
Institute (ARI) Standard 340/360–2004,
‘‘Performance Rating of Commercial and
Industrial Unitary Air-Conditioning and
Heat Pump Equipment’’ (incorporated
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by reference at 10 CFR 431.95(b)(2)).
Further, today’s decision requires that
LG may not make any representations
concerning the energy efficiency of
these products unless such product has
been tested consistent with the
provisions and restrictions in the
alternate test procedure set forth in the
Decision and Order below, and such
representations fairly disclose the
results of such testing. (42 U.S.C.
6314(d)) Distributors, retailers, and
private labelers are held to the same
standard when making representations
regarding the energy efficiency of these
products. (42 U.S.C. 6293(c)).
Issued in Washington, DC, on December 8,
2009.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
Decision and Order
In the Matter of: LG Electronics, Inc.
(LG) (Case No. CAC–021).
Background
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.’’ (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 large and
small commercial air conditioning
equipment, package boilers, storage
water heaters, and other types of
commercial equipment. (42 U.S.C.
6311–6317).
Today’s notice involves commercial
equipment under Part A–1. The statute
specifically includes definitions, test
procedures, labeling provisions, energy
conservation standards, and provides
the Secretary of Energy (the Secretary)
with the authority to require
information and reports from
manufacturers. 42 U.S.C. 6311–6317.
With respect to test procedures, the
statute generally authorizes the
Secretary to prescribe test procedures
that are reasonably designed to produce
test results which reflect 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
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the Air-Conditioning and Refrigeration
Institute or by the American Society of
Heating, Refrigerating and AirConditioning Engineers, 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 Secretary must amend
the test procedure for a covered
commercial product if the applicable
industry test procedure is amended,
unless the Secretary determines, by rule
and 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 Air-Conditioning and
Refrigeration Institute (ARI) Standard
210/240–2003 for small commercial
package air-cooled air conditioning and
heating equipment with capacities
<65,000 British thermal units per hour
(Btu/h) and ARI Standard 340/360–2004
for large and very large commercial
package air-cooled air conditioning and
heating equipment with capacities ≥
65,000 Btu/h and <760,000 Btu/h. Id. at
71371. Pursuant to this final rule, DOE’s
regulations at 10 CFR 431.95(b)(1)–(2)
incorporate by reference the relevant
ARI standards, and 10 CFR 431.96
directs manufacturers of commercial
package air conditioning and heating
equipment to use the appropriate
procedure when measuring energy
efficiency of those products. The
cooling capacities of LG’s Multi V
commercial multi-split products, which
have capacities between 76,400 Btu/hr
and 310,000 Btu/hr, fall in the range
covered by ARI Standard 340/360–2004.
In addition, DOE’s regulations contain
provisions allowing a person to seek a
waiver for a particular basic model from
the test procedure requirements for
covered commercial equipment if that
basic model contains one or more
design characteristics which prevent
testing according to the prescribed test
procedures, or if the prescribed test
procedures may evaluate the basic
model in a manner so unrepresentative
of its true energy consumption
characteristics as to provide materially
inaccurate comparative data. 10 CFR
431.401(a)(1). A waiver petition must
include any alternate test procedures
known to the petitioner to evaluate
characteristics of 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
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(Assistant Secretary) may grant a waiver
subject to conditions, including
adherence to alternate test procedures.
10 CFR 431.401(f)(4). Waivers remain in
effect pursuant to the provisions of 10
CFR 431.401(g).
The waiver process also allows any
interested person who has submitted a
petition for waiver to file an application
for interim waiver from the applicable
test procedure requirements. 10 CFR
431.401(a)(2). An interim waiver may be
granted if the Assistant Secretary for
Energy Efficiency and Renewable
Energy determines 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 if 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 will terminate 180 days
after issuance or upon the issuance of
DOE’s determination on the petition for
waiver, whichever occurs first, which
may be extended by DOE for an
additional 180 days. 10 CFR
431.401(e)(4).
On April 16, 2008, LG filed a Petition
for Waiver and an Application for
Interim Waiver from the test procedures
applicable to small and large
commercial package air-cooled airconditioning and heating equipment.
The applicable test procedure is ARI
340/360–2004, specified in Tables 1 and
2 to 10 CFR 431.96. LG asserted 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: (1) Testing
laboratories cannot test products with so
many indoor units; and (2) There are too
many possible combinations of indoor
and outdoor units to test. Mitsubishi (72
FR 17528, April 9, 2007); Samsung (72
FR 71387, Dec. 17, 2007); Fujitsu (72 FR
71383, Dec. 17, 2007); Daikin (73 FR
39680, July 10, 2008); Daikin (74 FR
15955, April 8, 2009); Sanyo (74 FR
16193, April 9, 2009); and Daikin (74 FR
16373, April 10, 2009). On May 5, 2009,
DOE published LG’s Petition for Waiver
in the Federal Register, seeking public
comment pursuant to 431.3401(b)(1)(iv),
and granted the Application for Interim
Waiver. 74 FR 20688. DOE received no
comments on the LG petition.
In a similar case, DOE published a
Petition for Waiver from Mitsubishi
Electric and Electronics USA, Inc.
(MEUS) for products very similar to
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LG’s multi-split products. 71 FR 14858
(March 24, 2006). In the March 24, 2006,
Federal Register notice, DOE also
published and requested comment on
an alternate test procedure for the
MEUS products at issue. DOE stated
that if it specified an alternate test
procedure for MEUS in the subsequent
Decision and Order, DOE would
consider applying the same procedure
to similar waivers for residential and
commercial central air conditioners and
heat pumps, including such products
for which waivers had previously been
granted. Id. at 14861. Comments were
published along with the MEUS
Decision and Order in the Federal
Register on April 9, 2007. 72 FR 17528
(April 9, 2007). Most of the comments
responded favorably to DOE’s proposed
alternate test procedure; while one
commenter indicated that a waiver was
unnecessary, the commenter did not
present a satisfactory way to test the
products at issue with the DOE test
procedure. Id. at 17529. Also, there was
general agreement that an alternate test
procedure is necessary while a final test
procedure for these types of products is
being developed. Id. The MEUS
Decision and Order included the
alternate test procedure adopted by
DOE. Id.
Assertions and Determinations
LG’s Petition for Waiver
LG seeks a waiver from the DOE test
procedures for this product class on the
grounds that its Multi V multi-split heat
pump and heat recovery systems
contain design characteristics that
prevent testing according to the current
DOE test procedures. As stated above,
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 MEUS, Fujitsu General Ltd. (Fujitsu),
and Samsung Air Conditioning
(Samsung) for similar lines of
commercial multi-split air-conditioning
systems:
• Testing laboratories cannot test
products with so many indoor units.
• There are too many possible
combinations of indoor and outdoor
units to test. Mitsubishi (72 FR 17528,
April 9, 2007); Samsung (72 FR 71387,
Dec. 17, 2007); Fujitsu (72 FR 71383,
Dec. 17, 2007); Daikin (73 FR 39680,
July 10, 2008); Daikin (74 FR 15955,
April 8, 2009); Sanyo (74 FR 16193,
April 9, 2009); and Daikin (74 FR 16373,
April 10, 2009).
The Multi V systems have operational
characteristics similar to other
commercial multi-split products
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manufactured by Mitsubishi, Samsung,
Sanyo, 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. DOE believes that the LG
Multi V equipment and equipment for
which waivers have previously been
granted are alike with respect to the
factors that make them eligible for test
procedure waivers. DOE therefore grants
to LG a Multi V multi-split product
waiver similar to the previous multisplit waivers.
Previously, in addressing MEUS’s
R410A CITY MULTI VRFZ products,
which are similar to the LG products at
issue here, DOE stated:
To provide a test procedure from which
manufacturers can make valid
representations, the Department is
considering setting an alternate test
procedure for MEUS in the subsequent
Decision and Order. Furthermore, if
DOE specifies an alternate test
procedure for MEUS, DOE is
considering applying the alternate test
procedure to similar waivers for
residential and commercial central air
conditioners and heat pumps. Such
cases include Samsung’s petition for its
DVM products (70 FR 9629, February
28, 2005), Fujitsu’s petition for its
Airstage variable refrigerant flow (VRF)
products (70 FR 5980, February 4,
2005), and MEUS’s petition for its R22
CITY MULTI VRFZ products. (69 FR
52660, August 27, 2004).
71 FR 14861.
LG did not include an alternate test
procedure in its Petition for Waiver.
However, in response to two recent
Petitions for Waiver from MEUS, DOE
specified an alternate test procedure to
provide a basis from which MEUS 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 MEUS
petitions were published in the Federal
Register on April 9, 2007. 72 FR 17528;
72 FR 17533.
DOE understands that existing testing
facilities have a limited ability to test
multiple indoor units at one time, and
the number of possible combinations of
indoor and outdoor units for some
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variable refrigerant flow zoned systems
is impractical to test. We further note
that subsequent to the waiver that DOE
granted for MEUS’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.
DOE issues today’s Decision and
Order granting LG a test procedure
waiver for its commercial Multi V multisplit heat pumps. As a condition of this
waiver, LG must use the alternate test
procedure described below. This
alternate test procedure is the same in
all relevant particulars as the one that
DOE applied to the MEUS waiver.
Alternate Test Procedure
The alternate test procedure
developed in conjunction with the
MEUS waiver 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. 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 here
increased from 5 to 8 to account for the
fact that these larger-capacity products
can accommodate a greater number of
indoor units. 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.
The alternate DOE test procedure also
allows LG to represent the energy
efficiency of that product. These
representations must fairly disclose the
results of such testing. The DOE test
procedure, as modified by the alternate
test procedure set forth in this Decision
and Order, provides for efficiency rating
of a non-tested combination in one of
two ways: (1) At an energy efficiency
level determined under a DOE-approved
alternative rating method; or (2) at the
efficiency level of the tested
combination utilizing the same outdoor
unit.
As in the MEUS matter, DOE believes
that allowing LG to make energy
efficiency representations for non-tested
combinations by adopting this
alternative test procedure as described
above is reasonable because the outdoor
unit is the principal efficiency driver.
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The current DOE test procedure for
commercial products tends to rate these
products conservatively. The multizoning feature of these products, which
enables them to cool only those portions
of the building that require cooling,
would be expected to use less energy
than if the unit is operated to cool the
entire home or a comparatively larger
area of a commercial building in
response to a single thermostat. This
feature would not be captured by the
current test procedure, which requires
full-load testing. Full-load testing, under
which the entire building would require
cooling, disadvantages these products
because they are optimized for their
highest efficiency when operating with
less than full loads. Therefore, the
alternate test procedure will provide a
conservative basis for assessing the
energy efficiency for such products.
With regard to the laboratory testing
of commercial products, some of the
difficulties associated with the existing
test procedure are avoided by the
alternate test procedure’s requirements
for choosing the indoor units to be used
in the manufacturer-specified tested
combination. For example, in addition
to limiting the number of indoor units,
another requirement is that all of the
indoor units must be subject to meeting
the same minimum external static
pressure. This requirement allows the
test lab to manifold the outlets from
each indoor unit into a common plenum
that supplies air to a single airflow
measuring apparatus and eliminates
situations in which some of the indoor
units are ducted and some are nonducted. Without this requirement, the
laboratory must evaluate the capacity of
a subgroup of indoor coils separately,
and then sum the separate capacities to
obtain the overall system capacity. This
would require that the test laboratory be
equipped with multiple airflow
measuring apparatuses (which is
unlikely), or that the test laboratory
connect its one airflow measuring
apparatus to one or more common
indoor units until the contribution of
each indoor unit has been measured.
Furthermore, DOE stated in the notice
publishing the MEUS Petition for
Waiver that if the Department decided
to specify an alternate test procedure for
MEUS, it would consider applying the
procedure to waivers for similar
residential and commercial central air
conditioners and heat pumps produced
by other manufacturers. 71 FR 14858,
14861 (March 24, 2006). As noted
above, most of the comments received
by DOE in response to the March 2006
notice supported the proposed alternate
test procedure. 72 FR 17529.
Commenters responding to that prior
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notice generally agreed that an alternate
test procedure is appropriate for an
interim period while a final test
procedure for these products is being
developed. Id.
Based on the discussion above, DOE
believes that the testing problems
described above would prevent testing
of LG’s Multi V multi-split products
according to the test procedure
currently prescribed in 10 CFR 431.96
(ARI Standard 340/360–2004) and
incorporated by reference in DOE’s
regulations at 10 CFR 431.95(b)(2). After
careful consideration, DOE has decided
to adopt the proposed alternate test
procedure for LG’s commercial multisplit products, with the clarifications
discussed above.
Consultations With Other Agencies
DOE consulted with the Federal Trade
Commission (FTC) staff concerning the
LG Petition for Waiver. The FTC staff
did not have any objections to the
issuance of a waiver to LG.
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Conclusion
After careful consideration of all the
materials submitted by LG, the absence
of any comments, and consultation with
the FTC staff, it is ordered that:
(1) The ‘‘Petition for Waiver’’ filed by
LG Electronics, Inc., (LG) (Case No.
CAC–021) is hereby granted as set forth
in the paragraphs below.
(2) LG shall not be required to test or
rate its Multi V multi-split air
conditioner and heat pump models
listed below on the basis of the
currently applicable test procedure cited
in 10 CFR 431.96, specifically, ARI
Standard 340/360–2004 (incorporated
by reference in 10 CFR 431.95(b)(2)), but
shall be required to test and rate such
products according to the alternate test
procedure as set forth in paragraph (3).
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,
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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
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.
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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.
(3) Alternate test procedure.
(A) LG shall be required to test the
products listed in paragraph (2) above
according to the test procedure for
central air conditioners and heat pumps
prescribed by DOE at 10 CFR Part 431
(ARI 340/360–2004, (incorporated by
reference in 10 CFR 431.95(b)(2)),
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
waiver, the tested combination shall
have the following features:
(i) The basic model of a variable
refrigerant flow system used as a tested
combination shall consist of an outdoor
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66334
Federal Register / Vol. 74, No. 239 / Tuesday, December 15, 2009 / Notices
unit that is matched with between two
and eight indoor units; for multi-split
systems, each of these indoor units shall
be designed for individual operation.
(ii) The indoor units shall:
(a) Represent the highest sales model
family, or another indoor model family
if the highest sales model family does
not provide sufficient capacity (see b);
(b) Together, have a nominal cooling
capacity that is between 95 percent and
105 percent of the nominal cooling
capacity of the outdoor unit;
(c) Not, individually, have a nominal
cooling capacity greater than 50 percent
of the nominal cooling capacity of the
outdoor unit;
(d) Operate at fan speeds that are
consistent with the manufacturer’s
specifications; and
(e) Be subject to the same minimum
external static pressure requirement.
(C) Representations. In making
representations about the energy
efficiency of its Multi V multi-split
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:
(i) For Multi V multi-split
combinations tested in accordance with
this alternate test procedure, LG may
make representations based on these test
results.
(ii) For Multi V multi-split
combinations that are not tested, LG
may make representations based on the
testing results for the tested
combination and which are consistent
with either of the two following
methods:
(a) Representation of non-tested
combinations according to an
alternative rating method approved by
DOE; or
(b) Representation of non-tested
combinations at the same energy
efficiency level as the tested
combination with the same outdoor
unit.
(4) This waiver shall remain in effect
from the date of issuance of this Order
consistent with the provisions of 10 CFR
431.401(g).
(5) This waiver is conditioned upon
the presumed validity of statements,
representations, and documentary
materials provided by the petitioner.
This waiver may be revoked or modified
at any time upon a determination that
the factual basis underlying the Petition
for Waiver is incorrect, or DOE
determines that the results from the
alternate test procedure are
unrepresentative of the basic models’
true energy consumption characteristics.
VerDate Nov<24>2008
17:23 Dec 14, 2009
Jkt 220001
Issued in Washington, DC, on December 8,
2009.
lllllllllllllllllllll
Cathy Zoi,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
[FR Doc. E9–29808 Filed 12–14–09; 8:45 am]
BILLING CODE 6450–01–P
[Case No. CD–003]
Energy Conservation Program for
Consumer Products: Decision and
Order Granting a Waiver to Whirlpool
Corporation From the Department of
Energy Residential Clothes Dryer Test
Procedure (Case No. CD–003)
AGENCY: Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Decision and Order.
SUMMARY: The U.S. Department of
Energy (DOE) gives notice of the
Decision and Order (Case No. CD–003)
that grants to the Whirlpool Corporation
(Whirlpool) a waiver from the DOE
clothes dryer test procedure. The waiver
request pertains to Whirlpool’s specified
single model of condensing residential
clothes dryer. The existing test
procedure does not apply to condensing
clothes dryers. Under today’s Decision
and Order, Whirlpool shall be not be
required to test and rate its specified
single model of condensing residential
clothes dryer.
DATES: This Decision and Order is
effective December 15, 2009.
FOR FURTHER INFORMATION CONTACT: Dr.
Michael G. Raymond, U.S. Department
of Energy, Building Technologies
Program, Mailstop EE–2J, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–9611, e-mail:
AS_Waiver_Requests@ee.doe.gov.
Francine Pinto, or Michael Kido, U.S.
Department of Energy, Office of General
Counsel, Mail Stop GC–72, 1000
Independence Avenue, SW.,
Washington, DC 20585–0103, (202) 586–
9507; e-mail:
Francine.Pinto@hq.doe.gov or
Michael.Kido@hq.doe.gov.
In
accordance with Title 10 of the Code of
Federal Regulations (10 CFR) 430.27(l),
DOE gives notice of the issuance of its
Decision and Order as set forth below.
The Decision and Order grants
Whirlpool a Waiver from the applicable
residential clothes dryer test procedure
at 10 CFR part 430 subpart B, appendix
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
Issued in Washington, DC, on December 8,
2009.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
Decision and Order
In the Matter of: Whirlpool
Corporation. (Case No. CD–003)
DEPARTMENT OF ENERGY
SUPPLEMENTARY INFORMATION:
D, for its single model of condensing
clothes dryer.
Background
Title III of the Energy Policy and
Conservation Act (EPCA) sets forth a
variety of provisions concerning energy
efficiency. Part A of Title III provides for
the ‘‘Energy Conservation Program for
Consumer Products Other Than
Automobiles.’’ (42 U.S.C. 6291–6309)
Part A includes definitions, test
procedures, labeling provisions, energy
conservation standards, and the
authority to require information and
reports from manufacturers. Further,
Part A authorizes the Secretary of
Energy to prescribe test procedures that
are reasonably designed to produce
results which measure energy
efficiency, energy use, or estimated
operating costs, and that are not unduly
burdensome to conduct. (42 U.S.C.
6293(b)(3)).
Today’s notice involves residential
products under Part A. Relevant to the
current Petition for Waiver, the test
procedure for residential clothes dryers
is contained in 10 CFR Part 430, subpart
B, appendix D.
DOE’s regulations contain provisions
allowing a person to seek a waiver from
the test procedure requirements for
covered consumer products, when the
petitioner’s basic model contains one or
more design characteristics that prevent
testing according to the prescribed test
procedure, or when they may evaluate
the basic model in a manner so
unrepresentative of its true energy
consumption characteristics as to
provide materially inaccurate
comparative data. 10 CFR 430.27(a)(1).
Petitioners must include in their
petition any alternate test procedures
known to the petitioner to evaluate the
basic model in a manner representative
of its energy consumption
characteristics. 10 CFR 430.27(b)(1)(iii).
The Assistant Secretary for Energy
Efficiency and Renewable Energy (the
Assistant Secretary) may grant a waiver
subject to conditions, including
adherence to alternate test procedures.
10 CFR 430.27(l). Waivers remain in
effect pursuant to the provisions of 10
CFR 430.27(m).
The waiver process also allows any
interested person who has submitted a
petition for waiver to file an application
E:\FR\FM\15DEN1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 239 (Tuesday, December 15, 2009)]
[Notices]
[Pages 66330-66334]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29808]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
[Case No. CAC-021]
Energy Conservation Program for Commercial Equipment: Decision
and Order Granting a Waiver to LG Electronics, Inc. (LG) From the
Department of Energy Commercial Package Air Conditioner and Heat Pump
Test Procedures
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Decision and Order.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the U.S. Department of Energy's (DOE)
Decision and Order in Case No. CAC-021, which grants a waiver to LG
from the existing DOE test procedure applicable to commercial package
central air conditioners and heat pumps. The waiver is specific to the
LG variable speed and variable refrigerant volume Multi V (commercial)
multi-split heat pumps and heat recovery systems. As a condition of
this waiver, LG must test and rate its Multi V multi-split products
according to the alternate test procedure set forth in this notice.
DATES: This Decision and Order is effective December 15, 2009.
FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S.
Department of Energy, Building Technologies Program, Mailstop EE-2J,
1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone:
(202) 586-9611. E-mail: Michael.Raymond@ee.doe.gov.
Francine Pinto or Michael Kido, U.S. Department of Energy, Office
of the General Counsel, Mail Stop GC-72, 1000 Independence Avenue, SW.,
Washington, DC 20585-0103. Telephone: (202) 586-9507. E-mail:
Francine.Pinto@hq.doe.gov or Michael.Kido@hq.doe.gov.
SUPPLEMENTARY INFORMATION: In accordance with 10 CFR 431.401(f)(4), DOE
gives notice of the issuance of its Decision and Order as set forth
below. In this Decision and Order, DOE grants LG a Waiver from the
existing DOE commercial package air conditioner and heat pump test
procedures for its Multi V multi-split products, subject to a condition
requiring LG to test and rate the specified models from its Multi V
multi-split product line pursuant to the alternate test procedure
provided in this notice. The current test procedure is the Air-
Conditioning and Refrigeration Institute (ARI) Standard 340/360-2004,
``Performance Rating of Commercial and Industrial Unitary Air-
Conditioning and Heat Pump Equipment'' (incorporated by reference at 10
CFR 431.95(b)(2)). Further, today's decision requires that LG may not
make any representations concerning the energy efficiency of these
products unless such product has been tested consistent with the
provisions and restrictions in the alternate test procedure set forth
in the Decision and Order below, and such representations fairly
disclose the results of such testing. (42 U.S.C. 6314(d)) Distributors,
retailers, and private labelers are held to the same standard when
making representations regarding the energy efficiency of these
products. (42 U.S.C. 6293(c)).
Issued in Washington, DC, on December 8, 2009.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
Decision and Order
In the Matter of: LG Electronics, Inc. (LG) (Case No. CAC-021).
Background
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.'' (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 large and small commercial air conditioning equipment,
package boilers, storage water heaters, and other types of commercial
equipment. (42 U.S.C. 6311-6317).
Today's notice involves commercial equipment under Part A-1. The
statute specifically includes definitions, test procedures, labeling
provisions, energy conservation standards, and provides the Secretary
of Energy (the Secretary) with the authority to require information and
reports from manufacturers. 42 U.S.C. 6311-6317. With respect to test
procedures, the statute generally authorizes the Secretary to prescribe
test procedures that are reasonably designed to produce test results
which reflect 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
[[Page 66331]]
the Air-Conditioning and Refrigeration Institute or by the American
Society of Heating, Refrigerating and Air-Conditioning Engineers, 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
Secretary must amend the test procedure for a covered commercial
product if the applicable industry test procedure is amended, unless
the Secretary determines, by rule and 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 Air-
Conditioning and Refrigeration Institute (ARI) Standard 210/240-2003
for small commercial package air-cooled air conditioning and heating
equipment with capacities <65,000 British thermal units per hour (Btu/
h) and ARI Standard 340/360-2004 for large and very large commercial
package air-cooled air conditioning and heating equipment with
capacities >= 65,000 Btu/h and <760,000 Btu/h. Id. at 71371. Pursuant
to this final rule, DOE's regulations at 10 CFR 431.95(b)(1)-(2)
incorporate by reference the relevant ARI standards, and 10 CFR 431.96
directs manufacturers of commercial package air conditioning and
heating equipment to use the appropriate procedure when measuring
energy efficiency of those products. The cooling capacities of LG's
Multi V commercial multi-split products, which have capacities between
76,400 Btu/hr and 310,000 Btu/hr, fall in the range covered by ARI
Standard 340/360-2004.
In addition, DOE's regulations contain provisions allowing a person
to seek a waiver for a particular basic model from the test procedure
requirements for covered commercial equipment if that basic model
contains one or more design characteristics which prevent testing
according to the prescribed test procedures, or if the prescribed test
procedures may evaluate the basic model in a manner so unrepresentative
of its true energy consumption characteristics as to provide materially
inaccurate comparative data. 10 CFR 431.401(a)(1). A waiver petition
must include any alternate test procedures known to the petitioner to
evaluate characteristics of 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
remain in effect pursuant to the provisions of 10 CFR 431.401(g).
The waiver process also allows any interested person who has
submitted a petition for waiver to file an application for interim
waiver from the applicable test procedure requirements. 10 CFR
431.401(a)(2). An interim waiver may be granted if the Assistant
Secretary for Energy Efficiency and Renewable Energy determines 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 if 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 will terminate 180 days after issuance
or upon the issuance of DOE's determination on the petition for waiver,
whichever occurs first, which may be extended by DOE for an additional
180 days. 10 CFR 431.401(e)(4).
On April 16, 2008, LG filed a Petition for Waiver and an
Application for Interim Waiver from the test procedures applicable to
small and large commercial package air-cooled air-conditioning and
heating equipment. The applicable test procedure is ARI 340/360-2004,
specified in Tables 1 and 2 to 10 CFR 431.96. LG asserted 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: (1) Testing laboratories cannot test products
with so many indoor units; and (2) There are too many possible
combinations of indoor and outdoor units to test. Mitsubishi (72 FR
17528, April 9, 2007); Samsung (72 FR 71387, Dec. 17, 2007); Fujitsu
(72 FR 71383, Dec. 17, 2007); Daikin (73 FR 39680, July 10, 2008);
Daikin (74 FR 15955, April 8, 2009); Sanyo (74 FR 16193, April 9,
2009); and Daikin (74 FR 16373, April 10, 2009). On May 5, 2009, DOE
published LG's Petition for Waiver in the Federal Register, seeking
public comment pursuant to 431.3401(b)(1)(iv), and granted the
Application for Interim Waiver. 74 FR 20688. DOE received no comments
on the LG petition.
In a similar case, DOE published a Petition for Waiver from
Mitsubishi Electric and Electronics USA, Inc. (MEUS) for products very
similar to LG's multi-split products. 71 FR 14858 (March 24, 2006). In
the March 24, 2006, Federal Register notice, DOE also published and
requested comment on an alternate test procedure for the MEUS products
at issue. DOE stated that if it specified an alternate test procedure
for MEUS in the subsequent Decision and Order, DOE would consider
applying the same procedure to similar waivers for residential and
commercial central air conditioners and heat pumps, including such
products for which waivers had previously been granted. Id. at 14861.
Comments were published along with the MEUS Decision and Order in the
Federal Register on April 9, 2007. 72 FR 17528 (April 9, 2007). Most of
the comments responded favorably to DOE's proposed alternate test
procedure; while one commenter indicated that a waiver was unnecessary,
the commenter did not present a satisfactory way to test the products
at issue with the DOE test procedure. Id. at 17529. Also, there was
general agreement that an alternate test procedure is necessary while a
final test procedure for these types of products is being developed.
Id. The MEUS Decision and Order included the alternate test procedure
adopted by DOE. Id.
Assertions and Determinations
LG's Petition for Waiver
LG seeks a waiver from the DOE test procedures for this product
class on the grounds that its Multi V multi-split heat pump and heat
recovery systems contain design characteristics that prevent testing
according to the current DOE test procedures. As stated above, 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 MEUS, Fujitsu General
Ltd. (Fujitsu), and Samsung Air Conditioning (Samsung) for similar
lines of commercial multi-split air-conditioning systems:
Testing laboratories cannot test products with so many
indoor units.
There are too many possible combinations of indoor and
outdoor units to test. Mitsubishi (72 FR 17528, April 9, 2007); Samsung
(72 FR 71387, Dec. 17, 2007); Fujitsu (72 FR 71383, Dec. 17, 2007);
Daikin (73 FR 39680, July 10, 2008); Daikin (74 FR 15955, April 8,
2009); Sanyo (74 FR 16193, April 9, 2009); and Daikin (74 FR 16373,
April 10, 2009).
The Multi V systems have operational characteristics similar to
other commercial multi-split products
[[Page 66332]]
manufactured by Mitsubishi, Samsung, Sanyo, 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. DOE believes that the LG Multi
V equipment and equipment for which waivers have previously been
granted are alike with respect to the factors that make them eligible
for test procedure waivers. DOE therefore grants to LG a Multi V multi-
split product waiver similar to the previous multi-split waivers.
Previously, in addressing MEUS's R410A CITY MULTI VRFZ products,
which are similar to the LG products at issue here, DOE stated:
To provide a test procedure from which manufacturers can make valid
representations, the Department is considering setting an alternate
test procedure for MEUS in the subsequent Decision and Order.
Furthermore, if DOE specifies an alternate test procedure for MEUS, DOE
is considering applying the alternate test procedure to similar waivers
for residential and commercial central air conditioners and heat pumps.
Such cases include Samsung's petition for its DVM products (70 FR 9629,
February 28, 2005), Fujitsu's petition for its Airstage variable
refrigerant flow (VRF) products (70 FR 5980, February 4, 2005), and
MEUS's petition for its R22 CITY MULTI VRFZ products. (69 FR 52660,
August 27, 2004).
71 FR 14861.
LG did not include an alternate test procedure in its Petition for
Waiver. However, in response to two recent Petitions for Waiver from
MEUS, DOE specified an alternate test procedure to provide a basis from
which MEUS 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 MEUS petitions were
published in the Federal Register on April 9, 2007. 72 FR 17528; 72 FR
17533.
DOE understands that existing testing facilities have a limited
ability to test multiple indoor units at one time, and the number of
possible combinations of indoor and outdoor units for some variable
refrigerant flow zoned systems is impractical to test. We further note
that subsequent to the waiver that DOE granted for MEUS'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.
DOE issues today's Decision and Order granting LG a test procedure
waiver for its commercial Multi V multi-split heat pumps. As a
condition of this waiver, LG must use the alternate test procedure
described below. This alternate test procedure is the same in all
relevant particulars as the one that DOE applied to the MEUS waiver.
Alternate Test Procedure
The alternate test procedure developed in conjunction with the MEUS
waiver 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. 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 here increased from 5 to 8 to account for the fact that
these larger-capacity products can accommodate a greater number of
indoor units. 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.
The alternate DOE test procedure also allows LG to represent the
energy efficiency of that product. These representations must fairly
disclose the results of such testing. The DOE test procedure, as
modified by the alternate test procedure set forth in this Decision and
Order, provides for efficiency rating of a non-tested combination in
one of two ways: (1) At an energy efficiency level determined under a
DOE-approved alternative rating method; or (2) at the efficiency level
of the tested combination utilizing the same outdoor unit.
As in the MEUS matter, DOE believes that allowing LG to make energy
efficiency representations for non-tested combinations by adopting this
alternative test procedure as described above is reasonable because the
outdoor unit is the principal efficiency driver. The current DOE test
procedure for commercial products tends to rate these products
conservatively. The multi-zoning feature of these products, which
enables them to cool only those portions of the building that require
cooling, would be expected to use less energy than if the unit is
operated to cool the entire home or a comparatively larger area of a
commercial building in response to a single thermostat. This feature
would not be captured by the current test procedure, which requires
full-load testing. Full-load testing, under which the entire building
would require cooling, disadvantages these products because they are
optimized for their highest efficiency when operating with less than
full loads. Therefore, the alternate test procedure will provide a
conservative basis for assessing the energy efficiency for such
products.
With regard to the laboratory testing of commercial products, some
of the difficulties associated with the existing test procedure are
avoided by the alternate test procedure's requirements for choosing the
indoor units to be used in the manufacturer-specified tested
combination. For example, in addition to limiting the number of indoor
units, another requirement is that all of the indoor units must be
subject to meeting the same minimum external static pressure. This
requirement allows the test lab to manifold the outlets from each
indoor unit into a common plenum that supplies air to a single airflow
measuring apparatus and eliminates situations in which some of the
indoor units are ducted and some are non-ducted. Without this
requirement, the laboratory must evaluate the capacity of a subgroup of
indoor coils separately, and then sum the separate capacities to obtain
the overall system capacity. This would require that the test
laboratory be equipped with multiple airflow measuring apparatuses
(which is unlikely), or that the test laboratory connect its one
airflow measuring apparatus to one or more common indoor units until
the contribution of each indoor unit has been measured.
Furthermore, DOE stated in the notice publishing the MEUS Petition
for Waiver that if the Department decided to specify an alternate test
procedure for MEUS, it would consider applying the procedure to waivers
for similar residential and commercial central air conditioners and
heat pumps produced by other manufacturers. 71 FR 14858, 14861 (March
24, 2006). As noted above, most of the comments received by DOE in
response to the March 2006 notice supported the proposed alternate test
procedure. 72 FR 17529. Commenters responding to that prior
[[Page 66333]]
notice generally agreed that an alternate test procedure is appropriate
for an interim period while a final test procedure for these products
is being developed. Id.
Based on the discussion above, DOE believes that the testing
problems described above would prevent testing of LG's Multi V multi-
split products according to the test procedure currently prescribed in
10 CFR 431.96 (ARI Standard 340/360-2004) and incorporated by reference
in DOE's regulations at 10 CFR 431.95(b)(2). After careful
consideration, DOE has decided to adopt the proposed alternate test
procedure for LG's commercial multi-split products, with the
clarifications discussed above.
Consultations With Other Agencies
DOE consulted with the Federal Trade Commission (FTC) staff
concerning the LG Petition for Waiver. The FTC staff did not have any
objections to the issuance of a waiver to LG.
Conclusion
After careful consideration of all the materials submitted by LG,
the absence of any comments, and consultation with the FTC staff, it is
ordered that:
(1) The ``Petition for Waiver'' filed by LG Electronics, Inc., (LG)
(Case No. CAC-021) is hereby granted as set forth in the paragraphs
below.
(2) LG shall not be required to test or rate its Multi V multi-
split air conditioner and heat pump models listed below on the basis of
the currently applicable test procedure cited in 10 CFR 431.96,
specifically, ARI Standard 340/360-2004 (incorporated by reference in
10 CFR 431.95(b)(2)), but shall be required to test and rate such
products according to the alternate test procedure as set forth in
paragraph (3).
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
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.
(3) Alternate test procedure.
(A) LG shall be required to test the products listed in paragraph
(2) above according to the test procedure for central air conditioners
and heat pumps prescribed by DOE at 10 CFR Part 431 (ARI 340/360-2004,
(incorporated by reference in 10 CFR 431.95(b)(2)), 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 waiver, the tested combination shall have the
following features:
(i) The basic model of a variable refrigerant flow system used as a
tested combination shall consist of an outdoor
[[Page 66334]]
unit that is matched with between two and eight indoor units; for
multi-split systems, each of these indoor units shall be designed for
individual operation.
(ii) The indoor units shall:
(a) Represent the highest sales model family, or another indoor model
family if the highest sales model family does not provide sufficient
capacity (see b);
(b) Together, have a nominal cooling capacity that is between 95
percent and 105 percent of the nominal cooling capacity of the outdoor
unit;
(c) Not, individually, have a nominal cooling capacity greater than 50
percent of the nominal cooling capacity of the outdoor unit;
(d) Operate at fan speeds that are consistent with the manufacturer's
specifications; and
(e) Be subject to the same minimum external static pressure
requirement.
(C) Representations. In making representations about the energy
efficiency of its Multi V multi-split 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:
(i) For Multi V multi-split combinations tested in accordance with
this alternate test procedure, LG may make representations based on
these test results.
(ii) For Multi V multi-split combinations that are not tested, LG
may make representations based on the testing results for the tested
combination and which are consistent with either of the two following
methods:
(a) Representation of non-tested combinations according to an
alternative rating method approved by DOE; or
(b) Representation of non-tested combinations at the same energy
efficiency level as the tested combination with the same outdoor unit.
(4) This waiver shall remain in effect from the date of issuance of
this Order consistent with the provisions of 10 CFR 431.401(g).
(5) This waiver is conditioned upon the presumed validity of
statements, representations, and documentary materials provided by the
petitioner. This waiver may be revoked or modified at any time upon a
determination that the factual basis underlying the Petition for Waiver
is incorrect, or DOE determines that the results from the alternate
test procedure are unrepresentative of the basic models' true energy
consumption characteristics.
Issued in Washington, DC, on December 8, 2009.
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Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. E9-29808 Filed 12-14-09; 8:45 am]
BILLING CODE 6450-01-P
