Petition for Waiver From LG Electronics, Inc. and Granting of the Interim Waiver From Commercial Package Air Conditioner and Heat Pump Test Procedures, 29733-29739 [2011-12590]

Agencies

• DEPARTMENT OF ENERGY
• Office of Energy Efficiency and Renewable Energy

[Federal Register Volume 76, Number 99 (Monday, May 23, 2011)]
[Notices]
[Pages 29733-29739]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12590]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. CAC-032]


Petition for Waiver From LG Electronics, Inc. and Granting of the 
Interim Waiver From Commercial Package Air Conditioner and Heat Pump 
Test Procedures

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Notice of petition for waiver, granting of application for 
interim waiver, and request for comments.

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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 ``petition'') requests a waiver from the U.S. Department of 
Energy (DOE) test procedure applicable to commercial package air-source 
and water-source central air conditioners and heat pumps. The petition 
is specific to the variable capacity Multi V SYNC II and Multi V Water 
II (commercial) multi-split heat pump models specified in LG's 
petition. Through this document, DOE: (1) Solicits comments, data, and 
information with respect to the LG petition; and (2) announces the 
grant of an interim waiver to LG from the existing DOE test procedure 
for the subject commercial 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 22, 2011.

ADDRESSES: You may submit comments, identified by case number ``CAC-
032,'' 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 the case 
number [CAC-032] 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.
    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., Washington, DC, 20024; (202) 586-2945, between 
9 a.m. and 4 p.m., Monday through Friday, except on 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 and waivers regarding 
similar central air conditioning and heat pump equipment. Please call 
Ms. Brenda Edwards at the

[[Page 29734]]

above telephone number for additional information.

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. Elizabeth Kohl, U.S. Department of Energy, Office of the 
General Counsel, Mail Stop GC-71, Forrestal Building, 1000 Independence 
Avenue, SW., Washington, DC 20585-0103. Telephone: (202) 586-7796. E-
mail: mailto: Elizabeth.Kohl@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 B of Title III, which establishes the ``Energy Conservation 
Program for Consumer Products Other Than Automobiles.'' (42 U.S.C. 
6291-6309) part C of Title III provides for a similar energy efficiency 
program titled ``Certain Industrial Equipment,'' which includes 
commercial air conditioning equipment, package boilers, water heaters, 
and other types of commercial equipment.\1\ (42 U.S.C. 6311-6317)
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
parts B and C were re-designated parts A and A-1, respectively.
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    Today's notice involves commercial equipment under part C. Part C 
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 C authorizes the Secretary of Energy (the Secretary) 
to prescribe test procedures that are reasonably designed to produce 
results that 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), if the industry test procedure for commercial package 
air-conditioning and heating equipment is amended, EPCA directs the 
Secretary to amend the corresponding DOE test procedure 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. Table 1 to Title 10 
of the Code of Federal Regulations (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. For small commercial packaged air 
conditioning and heating water-source heat pumps with capacities less 
than 135,000 Btu/h, ISO Standard 13256-1 (1998) is the applicable test 
procedure. For commercial package air-source equipment with capacities 
between 65,000 and 760,000 Btu/h, ARI Standard 340/360-2004 is the 
applicable test procedure.
    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 
that 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). 
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. 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 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 180 days or 
until DOE issues its determination on the petition for waiver, 
whichever occurs first. It may be extended by DOE for an additional 180 
days. 10 CFR 431.401(e)(4).

II. Petition for Waiver

    On April 8, 2011, LG filed a petition for waiver from the test 
procedures at 10 CFR 431.96 applicable to commercial package air-source 
and water-source central air conditioners and heat pumps, as well as an 
application for interim waiver. LG's petition requested a waiver for 
the LG Multi V SYNC II multi-split heat pumps with capacities range 
from 76,400 Btu/h to 310,000 Btu/h. The applicable test procedure for 
these air-source heat pumps is ARI 340/360-2004. LG's petition also 
requested a waiver for the LG Multi V Water II water-source products 
with capacities ranging from 72,000 Btu/h to 573,400 Btu/h. The 
applicable test procedure for these products with capacities less than 
135,000 Btu/h is ISO Standard 13256-1 (1998). The LG water-source 
products with capacities greater than or equal to 135,000 Btu/h are not 
covered by this waiver because the DOE test procedure only covers 
water-source heat pumps with capacities less than 135,000 Btu/h. 
Manufacturers are directed to use these test procedures 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 SYNC II and Multi V Water II 
multi-split heat pumps 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 its Multi 
V SYNC II and Multi V Water II multi-split variable speed products are 
the same factors stated in the waivers that DOE granted to Mitsubishi 
Electric & Electronics USA, Inc. (Mitsubishi) and other manufacturers 
for similar lines of commercial multi-split air-conditioning systems:
     Testing laboratories cannot test products with so many 
indoor units; and

[[Page 29735]]

     There are too many possible combinations of indoor and 
outdoor units to test.
    See, e.g., 72 FR 17528 (April 9, 2007) (Mitsubishi); 76 FR 19069 
(April 6, 2011) (Daikin); 76 FR 19078 (April 6, 2011) (Mitsubishi).
    The Multi V SYNC II and Multi V Water II systems have operational 
characteristics similar to the commercial multi-split products 
manufactured by Mitsubishi, Samsung, Sanyo, Fujitsu and Daikin. As 
indicated above, DOE has already granted waivers for these products. 
The Multi V SYNC II and Multi V Water II system consists of multiple 
indoor units connected to an air-cooled outdoor unit. These multi-
splits are used in zoned systems where an outdoor or water-source unit 
can be connected with up to 16-64 separate indoor units, which need not 
be the same models. According to LG, the various indoor and outdoor 
models can be connected in a multitude of configurations, with many 
thousands of possible combinations. Consequently, LG requested that DOE 
grant a waiver from the applicable test procedures for its Multi V SYNC 
II and Multi V Water II product designs until a suitable test method 
can be prescribed.

III. Application for Interim Waiver

    On April 8, 2011, LG also submitted an application for an interim 
waiver from the test procedures at 10 CFR 431.96 for its Multi V SYNC 
II and Multi V Water II equipment. DOE determined that LG's application 
for interim waiver does not provide sufficient market, equipment price, 
shipments, and other manufacturer impact information to permit DOE to 
evaluate the economic hardship LG might experience absent a favorable 
determination on its application for an interim waiver. DOE 
understands, however, that if it did not issue an interim waiver, LG's 
products would not be tested and rated for energy consumption in the 
same manner as equivalent products for which DOE previously granted 
waivers. Furthermore, DOE has determined that it appears likely that 
LG's petition for waiver will be granted and that is desirable for 
public policy reasons to grant LG immediate relief pending a 
determination on the petition for waiver. DOE believes that it is 
likely LG's petition for waiver for the new Multi V SYNC II and Multi V 
Water II multi-split models will be granted because, as noted above, 
DOE has previously granted a number of waivers for similar product 
designs. The two principal reasons supporting the grant of the previous 
waivers also apply to LG's Multi V SYNC II and Multi V Water II 
products: (1) Test laboratories cannot test products with so many 
indoor units; and (2) it is impractical to test so many combinations of 
indoor units with each outdoor unit. In addition, DOE believes that 
similar products should be tested and rated for energy consumption on a 
comparable basis. For these same reasons, DOE also determined that it 
is desirable for public policy reasons to grant immediate relief 
pending a determination on the petition for waiver.
    Therefore, it is ordered that:
    The application for interim waiver filed by LG is hereby granted 
for LG's Multi V SYNC II and Multi V Water II multi-split heat pumps, 
subject to the specifications and conditions below.
    1. LG shall not be required to test or rate its Multi V SYNC II and 
Multi V Water II commercial multi-split products on the basis of the 
existing test procedures under 10 CFR 431.96, which incorporates by 
reference ARI 340/360-2004 (SYNC II) and ISO Standard 13256-1 (1998) 
(Water II).
    2. LG shall be required to test and rate its Multi V SYNC II and 
Multi V Water II commercial 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 basic model groups:

Multi V Series Air-Source Heat Pumps Heat Recovery Units

    SYNC II 3[Oslash] 460V 60 Hz models: ARUB076DT2, ARUB096DT2, 
ARUB115DT2, ARUB134DT2, ARUB154DT2, ARUB173DT2, ARUB192DT2, ARUB211DT2, 
ARUB230DT2, ARUB250DT2, ARUB270DT2, ARUB290DT2, ARUB310DT2, with 
normally 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.

Multi V Series Water-Source Heat Pumps Water-Source Units

    Water II 3[Oslash] 460V 60 Hz model: ARWN096DA2 with nominally 
rated cooling capacity of 95,900 Btu/h. The maximum number of 
connectable indoor units is 16.
    Water II 3[Oslash] 208/230V 60 Hz model: ARWN072BA2 with nominally 
rated cooling capacity of 72,000 Btu/h. The maximum number of 
connectable indoor units is 16.
    Water II Heat Recovery 3[Oslash] 208/230V 60 Hz model: ARWB072BA2 
with nominally rated cooling capacity of 72,000 Btu/h. The maximum 
number of connectable indoor units is 16.
    Water II Heat Recovery 3[Oslash] 460V 60 Hz model: ARWB096DA2 with 
nominally rated cooling capacity of 95,900 Btu/h. The maximum number of 
connectable indoor units is 16.

Compatible Indoor Units for the Above-Listed Air-Source and Water-
Source 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 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, RNU093B1G2, 
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,

[[Page 29736]]

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.
    Vertical Air Handler: ARNU183NJA2, ARNU243NJA2, ARNU303NJA2, 
ARNU363NJA2, ARNU423NKA2, ARNU483NKA2, and ARNU543NKA2, with nominally 
rated capacities of 18,000, 24,000, 30,000, 36,000, 42,100, 48,000 and 
54,000 Btu/h respectively.
    This interim waiver is issued on the condition that the statements, 
representations, and documents provided by the petitioner are valid. 
DOE may revoke or modify this interim waiver at any time if it 
determines the factual basis underlying the petition for waiver is 
incorrect or the results from the alternate test procedure are 
unrepresentative of the basic models' true energy consumption 
characteristics.
    DOE makes decisions on waivers and interim waivers for only those 
models specifically set out in the petition, not future models that may 
be manufactured by the petitioner. LG may submit a new or amended 
petition for waiver and request for grant of interim waiver, as 
appropriate, for additional models of commercial package air 
conditioners and heat pumps for which it seeks a waiver from the DOE 
test procedure. In addition, DOE notes that grant of an interim waiver 
or waiver does not release a petitioner from the certification 
requirements set forth at 10 CFR part 429.

IV. Alternate Test Procedure

    In responses to two 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 
appropriate in this instance.
    DOE understands that existing testing facilities have limited 
ability to test multiple indoor units simultaneously. This limitation 
makes it impractical for manufacturers to test the large number of 
possible combinations of indoor and outdoor units for some variable 
refrigerant flow zoned systems. We further note that after DOE granted 
a waiver for Mitsubishi's R22 multi-split products, ARI formed a 
committee to discuss testing issues and to develop a testing protocol 
for variable refrigerant flow systems. The committee has developed a 
test procedure which has been adopted by AHRI--``ANSI/AHRI 1230--2010: 
Performance Rating of Variable Refrigerant Flow (VRF) Multi-Split Air-
Conditioning and Heat Pump Equipment'' and incorporated into ASHRAE 
90.1--2010. The commercial multisplit waivers that DOE has granted to 
Mitsubishi and several other manufacturers and the alternate test 
procedure set forth in those waivers are consistent with ANSI/AHRI 
1230-2010. The waivers use a definition of ``tested combination'' that 
is substantially the same as the definition in ANSI/AHRI 1230-2010. As 
a result, DOE is considering prescribing ANSI/AHRI 1230-2010 in the 
subsequent decision and order as the alternate test procedure for this 
LG waiver. For the interim waiver, however, DOE will continue to 
require the use of the alternate test procedure prescribed in previous 
multisplit waivers.
    Therefore, 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. This alternate test 
procedure will allow LG to test and make energy efficiency 
representations for its Multi V SYNC II and Multi V Water II products. 
DOE has applied a similar alternate test procedure to other waivers for 
similar residential and commercial central air conditioners and heat 
pumps manufactured by 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); Daikin (74 FR 16193, April 9, 2009); Daikin (74 FR 16373, April 
10, 2009); Mitsubishi (74 FR 66311, 66315, December 15, 2009) and LG 
(74 FR 66330, December 15, 2009).
    The alternate test procedure developed in conjunction with the 
Mitsubishi 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 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.) 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 test procedure also allows manufacturers of such products to 
make valid and consistent representations of energy efficiency for 
their air-conditioning and heat pump products.
    DOE is including the following waiver language in the interim 
waiver for LG's Multi V SYNC II and Multi V Water II commercial multi-
split water-source heat pump models:
    (1) The petition for waiver filed by LG Corporation is hereby 
granted as set forth in the paragraphs below.
    (2) LG shall not be required to use existing test procedures to 
test or rate its Multi V SYNC II and Multi V Water II variable capacity 
multi-split heat pump products listed above, 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 SYNC II and Multi V Water II 
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 29737]]

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 two and five indoor units. 
(For systems with nominal cooling capacities greater than 150,000 Btu/
h, as many as eight indoor units may be used, to enable testing of non-
ducted indoor unit combinations). 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) 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 Sec.  
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 SYNC II and Multi V Water II variable 
capacity multi-split heat pump products for compliance, marketing, or 
other purposes, LG must fairly disclose the results of testing under 
the DOE test procedure in a manner consistent with the provisions 
outlined below:
    (1) For Multi V SYNC II and Multi V Water II combinations tested in 
accordance with this alternate test procedure, LG may make 
representations based on these test results.
    (2) For Multi V SYNC II and Multi V Water II combinations that are 
not tested, LG may make representations of non-tested combinations at 
the same energy efficiency level as the tested combination. The outdoor 
unit must be the one used in the tested combination. The 
representations must be based on the test results for the tested 
combination. The representations may also be determined by an 
Alternative Rating Method approved by DOE.

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 the Multi V SYNC II 
and Multi V Water II commercial multi-split heat pump products 
specified in LG's petition. For the reasons articulated above, DOE also 
grants 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. In this alternate test 
procedure, DOE is defining a tested combination that LG could use in 
lieu of testing all retail combinations of its Multi V SYNC II and 
Multi V Water II multi-split heat pump products.
    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, pursuant to 10 CFR 431.401(d). The contact information for 
the petitioner is: John I. Taylor, Vice President, Government Relations 
and Communications, LG Electronics USA, Inc., 1776 K Street NW., 
Washington, DC 20006. 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. DOE does not accept telefacsimiles (faxes).
    According to 10 CFR 1004.11, any person submitting information that 
he or she believes to be confidential and exempt by law from public 
disclosure should submit two copies: one copy of the document including 
all the information believed to be confidential, and one copy of the 
document with the information believed to be confidential deleted. DOE 
will make its own determination about the confidential status of the 
information and treat it according to its determination.

    Issued in Washington, DC, on May 16, 2011.
Kathleen Hogan,
Deputy Assistant Secretary for Energy Efficiency, Office of Technology 
Development, Energy Efficiency and Renewable Energy.
April 8, 2011.

The Honorable Dr. Henry Kelly, Acting Assistant Secretary and 
Principal Deputy Assistant Secretary, Energy Efficiency and 
Renewable Energy, United States Department of Energy, Forrestal 
Building, 1000 Independence Avenue, S.W., Washington, DC 20585-0121.

Re: Petition for Waiver and Application for Interim Waiver, LG 
Electronics Multi V Multi-Split Air-Source and Water-Source Heat 
Pump Systems

    Dear Assistant Secretary Kelly: LG Electronics, Inc. (LG) 
respectfully submits this Petition for Waiver and Application for 
Interim Waiver, pursuant to 10 CFR 431.401, for certain LG Multi V 
variable refrigerant flow (VRF) multi-split air-source heat recovery 
systems, specifically the Multi V SYNC II heat recovery (3[Oslash] 
460V 60 Hz), and LG Multi V VRF multi-split water-source heat pump 
systems, specifically the Multi V Water II and Multi V Water II heat 
recovery systems listed in Appendix A hereto. This request adds 
models to the waiver that DOE already granted to LG for Multi V SYNC 
II and Multi V Water II systems. 74 FR 66330 (Dec. 15, 2009); see 
also id. 20688 (May 5, 2009) (interim waiver).
    Among other things, the applicable DOE 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. See, e.g., 75 FR 41845, 
41848 (July 19, 2010) (existing testing facilities ``have a limited 
ability to test multiple indoor units simultaneously,'' and ``it is 
impractical to test some variable refrigerant flow zoned systems'').
    Waiver relief has been granted for many other comparable 
commercial multi-splits, including LG, Mitsubishi, Samsung, Fujitsu, 
Sanyo, and Daikin. See 69 FR 52660 (Aug. 27, 2004) (Mitsubishi); 70 
FR 9629 (Feb. 28, 2005) (Samsung); 71 FR 14858 (March 24, 2006) 
(Mitsubishi); 72 FR 17528 (April 9, 2007) (Mitsubishi); id. 71387 
(Dec. 17, 2007) (Samsung); id. 71383 (Dec. 17, 2007) (Fujitsu); 73 
FR 179 (Jan. 2, 2008) (Sanyo); id. 1207, 1213 (Jan. 7, 2008) 
(Daikin); id. 39680 (July 10, 2008) (Daikin); id. 75408 (Dec. 11, 
2008) (Mitsubishi); 74 FR 15955 (April 8, 2009) (Daikin); id. 16373 
(April 10, 2009) (Daikin); id. 20688 (May 5, 2009) (LG); id. 66330 
(Dec. 15, 2009) (LG); id. 66324 (Dec. 15, 2009) (Daikin); id. 66311, 
66315 (Dec. 15, 2009) (Mitsubishi); 75 FR 4795 (Jan. 29, 2010) 
(Daikin); id. 13114 (March 18, 2010) (Sanyo); id. 22581 (April 29, 
2010) (Daikin); id. 25224 (May 7, 2010) (Daikin); id. 41845 (July 
19, 2010) (Sanyo); 76 FR 19069 (April 6, 2011) (Daikin); id. 19078 
(April 6, 2011) (Mitsubishi). As stated above, LG's current

[[Page 29738]]

request simply adds additional models to the waiver relief already 
granted to LG.
    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[reg] and OEM 
brands, including GE[reg] and Kenmore[reg]. LG's appliances are 
produced in Korea and Mexico.
    LG's Multi V VRF systems are beneficial products, each 
consisting of a single outdoor or water source unit, using a scroll 
type inverter compressor with variable capacity, that can connect to 
multiple indoor units and that uses VRF 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 or 
water-source unit and a system using two or three outdoor or water-
source units.) These multi-splits are intended to be used in zoned 
systems where an outdoor or water-source unit can be connected with 
up to between 16 and 64 separate indoor units, 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 or water-source unit will then 
determine the cooling or heating capacity delivered into the zones. 
The system therefore offers great flexibility and convenience to the 
consumer, permitting precise space conditioning control throughout 
the building, and thus saving energy. The cooling capacities of the 
systems are between 72,000 and 573,400 Btu/h.\1\
---------------------------------------------------------------------------

    \1\ DOE has taken the position that water-source products with 
capacities greater than or equal to 135,000 Btu/h do not require a 
waiver because the DOE test procedure only covers water-source heat 
pumps with capacities less than 135,000 Btu/h. See, e.g., 75 FR 
41845, 41846 (July 19, 2010) (Sanyo); id. 22581 (April 29, 2010) 
(Daikin). While LG believes that it can rely on DOE's position in 
this regard, it is nonetheless including products with capacities 
greater than or equal to135,000 Btu/h in this waiver request as a 
precautionary measure.
---------------------------------------------------------------------------

    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 or 
water-source unit.
    As discussed above, up to between 16 and 64 indoor units can be 
matched with each related outdoor or water-source unit. Thus, for 
each outdoor or water-source unit there is a multitude of possible 
combinations of indoor units that can be matched in a system 
configuration. And since there are so many outdoor or water-source 
units and indoor units, there is an enormous total of possible 
combinations.
    A waiver and interim waiver for the specified LG Multi V VRF 
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 VRF systems, with so many combinations of 
indoor units for each outdoor or water-source unit, could be 
evaluated. The situation is further complicated by the fact that 
there are so many outdoor or water-source 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 VRF systems. DOE has already recognized this by granting waiver 
relief to LG, and to other manufacturers for comparable 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 VRF 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 VRF 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 or water-source 
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 VRF 
systems.
--The indoor units are designed to operate at many different 
external static pressure values, which compounds the difficulty of 
testing LG Multi V VRF 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 VRF 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 the LG Multi V VRF systems set forth in Appendix 
A. 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 VRF 
system energy consumption and efficiency levels. LG intends to work 
with DOE, stakeholders, and the Air-Conditioning, Heating and 
Refrigeration Institute (AHRI) 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 LG, as well as to Mitsubishi, Samsung, 
Fujitsu, Sanyo, 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 VRF systems include Mitsubishi Electric 
and Electronics USA, Samsung Air Conditioning, Fujitsu General 
Limited, SANYO North America 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 LG, Mitsubishi, Samsung, Fujitsu, Sanyo, and Daikin for 
their commercial VRF 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 VRF systems involved here 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.

[[Page 29739]]

--Significant investment has already been made in LG Multi V VRF 
systems. Lack of relief would not allow LG to recoup this investment 
as it relates to the models involved here 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 VRF 
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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

--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, Georgia, Texas, California, 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 VRF multi-split 
systems set forth in Appendix A hereto 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 hereto).

    Sincerely,

John I. Taylor,

Vice President, Government Relations and Communications, LG 
Electronics USA, Inc., 1776 K Street NW., Washington, DC 20006, 
Phone: 202-719-3490, Fax: 847-941-8177, E-mail: john.taylor@lge.com.

Of counsel:

John A. Hodges, Wiley Rein,
LLP, 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 Air-Source Heat Pumps Heat Recovery Units

    SYNC II 3[Oslash] 460V 60 Hz models: ARUB076DT2, ARUB096DT2, 
ARUB115DT2, ARUB134DT2, ARUB154DT2, ARUB173DT2, ARUB192DT2, 
ARUB211DT2, ARUB230DT2, ARUB250DT2, ARUB270DT2, ARUB290DT2, 
ARUB310DT2, with normally 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.
    Multi V Series Water-Source Heat Pumps Water-Source Units:
    Water II 3[Oslash] 460V 60 Hz models: ARWN096DA2, ARWN192DA2, 
ARWN290DA2, ARWN390DA2, ARWN480DA2, ARWN580DA2, with nominally rated 
cooling capacities of 95,900, 191,100, 286,600, 382,200, 477,800, 
and 573,400 Btu/h respectively. The maximum number of connectable 
indoor units is 16, 32, 49, 64, 64, and 64 respectively.
    Water II 3[Oslash] 208/230V 60 Hz models: ARWN072BA2, 
ARWN144BA2, ARWN216BA2, ARWN288BA2, ARWN360BA2, ARWN432BA2, with 
nominally rated cooling capacities of 72,000, 144,000, 216,000, 
288,000, 360,000, and 432,000 Btu/h respectively. The maximum number 
of connectable indoor units is 16, 32, 49, 64, 64, and 64 
respectively.
    Water II Heat Recovery 3[Oslash] 208/230V 60 Hz models: 
ARWB072BA2, ARWB144BA2, ARWB216BA2, ARWB288BA2, ARWB360BA2, and 
ARWB432BA2, with nominally rated cooling capacities of 72,000, 
144,000, 216,000, 288,000, 360,000, and 432,000 Btu/h respectively. 
The maximum number of connectable indoor units is 16, 32, 49, 64, 
64, and 64 respectively.
    Water II Heat Recovery 3[Oslash] 460V 60 Hz models: ARWB096DA2, 
ARWB192DA2, ARWB290DA2, ARWB390DA2, ARWB480DA2, and ARWB580DA2, with 
nominally rated cooling capacities of 95,900, 191,100, 286,600, 
382,200, 477,800, and 573,400 Btu/h respectively. The maximum number 
of connectable indoor units is 16, 32, 49, 64, 64 and 64 
respectively.
    Compatible indoor units for the above-listed air-source and 
water-source 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 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, RNU093B1G2, 
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.
    Vertical Air Handler: ARNU183NJA2, ARNU243NJA2, ARNU303NJA2, 
ARNU363NJA2, ARNU423NKA2, ARNU483NKA2, and ARNU543NKA2, with 
nominally rated capacities of 18,000, 24,000, 30,000, 36,000, 
42,100, 48,000 and 54,000 Btu/h respectively.

[FR Doc. 2011-12590 Filed 5-20-11; 8:45 am]
BILLING CODE 6450-01-P