Energy Conservation Program for Certain Commercial and Industrial Equipment: Decision and Order Granting a Waiver to Carrier Corporation From the Department of Energy Commercial Package Air Conditioner and Heat Pump Test Procedures, 31951-31954 [2011-13654]
Download as PDF
<![CDATA[
Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Notices
to Mitsubishi Electric & Electronics USA, Inc.
(Mitsubishi) and other manufacturers for
similar lines of commercial multi-split
systems:
• Testing laboratories cannot test products
with so many indoor units; and
• There are too many possible
combinations of indoor and outdoor units to
test.
Mitsubishi (69 FR 52660, August 27, 2004);
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); LG (74 FR66330,
December 15, 2009); Daikin (75 FR 22581,
April 29, 2010); Daikin (75 FR 25224, May 7,
2010) and Sanyo (75 FR 41845, July 19, 2010)
5. The Specific Requirements Sought To Be
Waived
FUJITSU seeks a waiver from the test
procedures at 10 CFR 431.96 applicable to
commercial package air source central air
conditioners and heat pumps.
Specially, the applicable test procedure of
ARI 340/360–2004 for AIRSTAGE V–II
products listed in Item 3. Identification of the
particular basic models for which a waiver is
requested.
emcdonald on DSK2BSOYB1PROD with NOTICES
6. Identity of the Manufacturers of All Other
Basic Models:
The FUJITSU’s AIRSTAGE V–II systems
incorporate similar design characteristics and
configuration as those as VRF Multi-Split
Systems being marketed in the United States
by Mitsubishi Electric and Electronics USA
Inc., Samsung Air Conditioning, Daikin AC
(America), Inc., SANYO North America
Corp., LG Electronics U.S.A., Inc. and Carrier
Corp.
7. Alternate Test Procedures
FUJITSU requests that DOE adopt ANSI/
AHRI Standard 1230–2010, Performance
Rating of Variable Refrigerant Flow (VRF)
Multi-Split Air-Conditioning and Heat Pump
Equipment Standard as an alternate test
procedure.
AHRI 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 ANSI/ASHRAE/IES Standard 90.1–2010.
In addition, ENERGY STAR has adopted
AHRI 1230–2010 as test methods for Light
Commercial Heating and Cooling Equipment.
The commercial multi-split 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.
Thus, DOE is considering prescribing ANSI/
AHRI 1230—2010 in the subsequent decision
VerDate Mar<15>2010
16:40 Jun 01, 2011
Jkt 223001
and order as the alternate test procedure for
these waivers.
Mitsubishi (76 FR 19078, April 6, 2011),
Daikin(76 FR 19069, April 6, 2011) and
Carrie (76 FR 19759, April 8, 2011).
DEPARTMENT OF ENERGY
8. Application for Interim Waiver
Pursuant to 10 CFR 431. 401(a)(2),
FUJITSU also submits an Application for
Interim Waiver of the applicable test
procedure requirements for the same systems
listed in item 3. Identification of the
particular basic models for which a waiver is
requested. The basis for Application for
Interim Waiver is as follows:
FUJITSU believes that it is likely FUJITSU
petition for waiver for the AIRSTAGE V–II
multi-split heat pump models will be granted
because, as noted item 4. Design
characteristics constituting the grounds for
the petition, DOE has previously granted a
number of waivers for similar product
designs based on two principal reasons
below;
(1) Test laboratories cannot test equipment
with so many indoor units; and
(2) It is impractical to test so many
combinations of indoor units with each
outdoor unit.
FUJITSU would make it clear that delay in
receiving a waiver are providing our
competitor Mitsubishi Electric and
Electronics USA Inc., Samsung Air
Conditioning, Daikin AC (America), Inc.,
SANYO North America Corp., LG Electronics
U.S.A., Inc. and Carrier Corp. with an unfair
advantage over our entrance into the market
place by not offering a uniform waiver and
they show preferential treatment and make
us competitive disadvantage in marketing.
As FUJITSU’sAIRSTAGE V–II products are
quite similar to these Mitsubishi CITY
MULTI products and other manufacturers
products, there is no particular reason for
DOE to hesitate a waiver to our case.
31951
[Case No. CAC–031]
9. Confidential Information
FUJITSU makes no request to DOE
regarding the confidential treatment of any
information contained in this Petition for
Waiver and Application for interim Waiver.
10. Conclusion
FUJITSU respectfully requests DOE to
grant its Petition for Waiver and Application
for Interim Waiver of the applicable test
procedure to FUJITSU’s AIRSTAGE V–II
multi-split heat pumps.
If we can provide further information, or if
it would be helpful to discuss any of this
matter further, please contact Mr. Roy
Kuczera, Senior Vice President, FUJITSU
General America, Inc. 353 Route 46 W.,
Fairfield, N.J. 07004 U.S.A. Phone (973) 575–
0380 or undersigned.
Yours very truly,
Masami Kato,
Manager, Engineering Attestation
Administration Department Air Conditioner
Administration Division.
FUJITSU General Limited,
1116 Suenaga, Takatsu-ku, Kawasaki 213–
8502, Japan, Phone +81(44)861–7638.
[FR Doc. 2011–13659 Filed 6–1–11; 8:45 am]
BILLING CODE 6450–01–P
PO 00000
Frm 00025
Fmt 4703
Sfmt 4703
Office of Energy Efficiency and
Renewable Energy
Energy Conservation Program for
Certain Commercial and Industrial
Equipment: Decision and Order
Granting a Waiver to Carrier
Corporation From the Department of
Energy Commercial Package Air
Conditioner and Heat Pump Test
Procedures
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Decision and Order.
AGENCY:
This notice publishes the U.S.
Department of Energy’s (DOE) Decision
and Order in Case No. CAC–031, which
grants Carrier Corporation (Carrier) a
waiver from the existing DOE test
procedures applicable to commercial
package air-source central air
conditioners and heat pumps. The
waiver is specific to the Carrier Super
Modular Multi-System (SMMSi)
variable refrigerant flow (VRF) multisplit commercial heat pumps. As a
condition of this waiver, Carrier must
use the alternate test procedure set forth
in this notice to test and rate its SMMSi
VRF multi-split commercial heat
pumps.
DATES: This Decision and Order is
effective June 2, 2011.
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.
Ms. Elizabeth Kohl, U.S. Department
of Energy, Office of General Counsel,
Mail Stop GC–71, 1000 Independence
Avenue, SW., Washington, DC 20585–
0103, (202) 586–7796; E-mail:
Elizabeth.Kohl@hq.doe.gov.
SUPPLEMENTARY INFORMATION: In
accordance with Title 10 of the Code of
Federal Regulations (10 CFR)
431.401(f)(4), DOE provides notice of
the issuance of the Decision and Order
set forth below. In this Decision and
Order, DOE grants Carrier a waiver from
the existing DOE commercial package
air conditioner and heat pump test
procedures for its SMMSi VRF multisplit products. Carrier must use the
alternate test procedure provided in this
notice (American National Standards
Institute/Air-Conditioning, Heating and
Refrigeration Institute (ANSI/AHRI)
SUMMARY:
E:\FR\FM\02JNN1.SGM
02JNN1
31952
Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Notices
Standard 1230–2010, ‘‘Performance
Rating of Variable Refrigerant Flow
(VRF) Multi-Split Air-Conditioning and
Heat Pump Equipment’’) to test and rate
the specified models from its SMMSi
VRF multi-split commercial heat pumps
identified below. The cooling capacities
of Carrier’s SMMSi VRF multi-split heat
pumps at issue in the waiver petition
filed by Carrier range from 72,000 Btu/
h to 220,000 Btu/h. All of this
equipment is covered by ANSI/AHRI
Standard 1230–2010, which includes
units with capacities from 12,000 Btu/
h to 300,000 Btu/h.
Today’s decision prohibits Carrier
from making any representations
concerning the energy efficiency of
these products unless the product has
been tested consistent with the
provisions and restrictions in the
alternate test procedure set forth in the
Decision and Order below, and the
representations fairly disclose the test
results. (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. Id.
Issued in Washington, DC, on May 26,
2011.
Kathleen Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Office of Technology
Development, Energy Efficiency and
Renewable Energy.
emcdonald on DSK2BSOYB1PROD with NOTICES
Decision and Order
In the Matter of: Carrier Corporation
(Carrier) (Case No. CAC–031).
Background
Title III, Part C of the Energy Policy
and Conservation Act of 1975 (EPCA),
Pub. L. 94–163 (42 U.S.C. 6311–6317, as
codified) established the Energy
Conservation Program for Certain
Industrial Equipment, a program
covering certain industrial equipment,
which includes the SMMSi VRF
commercial multi-split heat pumps that
are the focus of this notice.1 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
1 For editorial reasons, upon codification in the
U.S. Code, Part C was re-designated Part A–1.
VerDate Mar<15>2010
16:40 Jun 01, 2011
Jkt 223001
burdensome to conduct. (42 U.S.C.
6314(a)(2))
For commercial package airconditioning and heating equipment,
EPCA provides that ‘‘the test procedures
shall be those generally accepted
industry testing procedures or rating
procedures developed or recognized by
the Air-Conditioning and Refrigeration
Institute [ARI] or by the American
Society of Heating, Refrigerating and
Air-Conditioning Engineers [ASHRAE],
as referenced in ASHRAE/IES Standard
90.1 and in effect on June 30, 1992.’’ (42
U.S.C. 6314(a)(4)(A)) Under 42 U.S.C.
6314(a)(4)(B), the statute further directs
the Secretary to amend the test
procedure for a covered commercial
product if the industry test procedure is
amended, unless the Secretary
determines, 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. For
commercial air-source heat pumps, DOE
adopted ARI Standard 340/360–2004.
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. The
cooling capacities of Carrier’s SMMSi
VRF multi-split heat pumps in its
waiver petition range from 72,000 Btu/
h to 220,000 Btu/h. The current test
procedure for this equipment is ARI
Standard 340/360–2004, which includes
units with capacities greater than 65,000
Btu/hour.
DOE’s regulations for covered
products permit a person to seek a
waiver from the test procedure
requirements for covered commercial
equipment if at least one of the
following conditions is met: (1) The
petitioner’s basic model contains one or
more design characteristics 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
PO 00000
Frm 00026
Fmt 4703
Sfmt 4703
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).
On February 16, 2011, Carrier filed a
petition for waiver from the test
procedure at 10 CFR 431.96 applicable
to commercial package air source
central air conditioners and heat pumps,
as well as an application for interim
waiver. The capacities of Carrier’s
SMMSi VRF multi-split heat pumps
range from 72,000 Btu/h to 220,000 Btu/
h. The applicable test procedure for
commercial air-source heat pumps is
ARI 340/360–2004. Manufacturers are
directed to use these test procedures
pursuant to Table 1 of 10 CFR 431.96.
Carrier seeks a waiver from the
applicable test procedures under 10 CFR
431.96 on the grounds that its SMMSi
VRF multi-split heat pumps contain
design characteristics that prevent
testing according to the current DOE test
procedures. Specifically, Carrier asserts
that the two primary factors that prevent
testing of its 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
• 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) (Carrier); 76 FR
19078 (April 6, 2011) (Mitsubishi).
E:\FR\FM\02JNN1.SGM
02JNN1
Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Notices
On April 8, 2011, DOE published
Carrier’s petition for waiver in the
Federal Register, seeking public
comment pursuant to 10 CFR
431.401(b)(1)(iv), and granted the
application for interim waiver. 76 FR
19759. DOE received one comment on
the Carrier petition, from Carrier,
requesting the adoption of ANSI/AHRI
1230–2010 as the alternate test
procedure.
emcdonald on DSK2BSOYB1PROD with NOTICES
Assertions and Determinations
Carrier’s Petition for Waiver
Carrier seeks a waiver from the DOE
test procedures for this product class on
the grounds that its SMMSi VRF multisplit commercial heat pumps contain
design characteristics that prevent them
from being tested using the current DOE
test procedures. As stated above, Carrier
asserts that the two primary factors that
prevent testing of multi-split variable
speed products are the same factors
stated in the waivers that DOE granted
to Mitsubishi, Fujitsu General Ltd.
(Fujitsu), Samsung Air Conditioning
(Samsung), Daikin, Sanyo, and LG for
similar lines 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 unit to test.
The SMMSi systems have operational
characteristics similar to the commercial
multi-split products manufactured by
Mitsubishi, Samsung, LG, Sanyo,
Fujitsu and Daikin. As indicated above,
DOE has already granted waivers for
these products. The SMMSi system
consists of multiple indoor units
connected to an air-cooled outdoor unit.
The indoor units for these products are
available in a number of potential
configurations, including the following:
4-way cassette, compact 4-way cassette,
high-wall, slim ducted, medium static
ducted, high static ducted, and ceiling.
There are 7 unique outdoor models and
43 unique indoor models. A single
outdoor model can be connected to up
to 38 indoor units. According to Carrier,
the various indoor and outdoor models
can be connected in a multitude of
configurations, with many thousands of
possible combinations. Consequently,
Carrier requested that DOE grant a
waiver from the applicable test
procedures for its SMMSi product
designs until a suitable test method can
be prescribed.
In responses to two petitions for
waiver from Mitsubishi, DOE specified
an alternate test procedure to provide a
basis upon which Mitsubishi could test
and make valid energy efficiency
representations for its R410A CITY
VerDate Mar<15>2010
16:40 Jun 01, 2011
Jkt 223001
MULTI equipment, as well as for its R22
multi-split equipment. 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. The Carrier
SMMSi VRF systems have operational
characteristics similar to the commercial
multi-split products manufactured by
Mitsubishi, Samsung, Fujitsu, Daikin,
LG, and Sanyo. DOE has granted
waivers for these products with a
similar alternate test procedure
prescribed for Mitsubishi. For reasons
similar to those published in these prior
notices, DOE believes that an alternate
test procedure is appropriate in this
instance.
We 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 the Air-Conditioning,
Heating and Refrigeration Institute
(AHRI) and the ‘‘American National
Standards Institute (ANSI), ANSI/AHRI
1230—2010: Performance Rating of
Variable Refrigerant Flow (VRF) MultiSplit Air-Conditioning and Heat Pump
Equipment.’’ This test procedure has
been incorporated into ASHRAE 90.1—
2010. DOE is currently assessing AHRI
1230–2010, with respect to the
requirements for test procedures
specified by EPCA (42 U.S.C.
6314(a)(4)(B)), and will provide a
preliminary determination regarding
those test procedures in a future notice
of proposed rulemaking.
Carrier’s petition proposed that DOE
apply ANSI/AHRI Standard 1230–2010
as the alternate test procedure to apply
to its SMMSi VRF multi-split heat pump
equipment as a condition of its
requested waiver. As stated above, the
only comment received by DOE
regarding the Carrier petition was from
Carrier, requesting the adoption of
ANSI/AHRI 1230–2010 as the alternate
test procedure. The alternate test
procedure in the commercial multi-split
waivers that DOE granted to Mitsubishi
and the other manufacturers listed
above is similar to ANSI/AHRI 1230–
2010.
DOE issues today’s Decision and
Order granting Carrier a test procedure
waiver for its commercial SMMSi VRF
multi-split heat pumps. As a condition
of this waiver, Carrier must use ANSI/
AHRI 1230–2010 as the alternate test
procedure.
Alternate Test Procedure
The alternate test procedure
prescribed by DOE in earlier multi-split
PO 00000
Frm 00027
Fmt 4703
Sfmt 4703
31953
waivers, including the interim waiver
granted to Carrier in response to the
current petition, consisted of a
definition of a ‘‘tested combination’’ and
a prescription for representations.
ANSI/AHRI 1230–2010 also includes a
definition of ‘‘tested combination,’’ and
the two definitions are identical in all
relevant respects.
The earlier alternate test procedure
provides for efficiency rating of a nontested combination in one of two ways:
(1) At an energy efficiency level
determined using a DOE-approved
alternative rating method; or (2) at the
efficiency level of the tested
combination utilizing the same outdoor
unit. ANSI/AHRI 1230–2010 requires an
additional test and in this respect is
similar to the residential test procedure
set forth in 10 CFR part 430, subpart B,
appendix M. Multi-split manufacturers
must test two or more combinations of
indoor units with each outdoor unit.
The first system combination is tested
using only non-ducted indoor units that
meet the definition of a tested
combination. The rating given to any
untested multi-split system combination
having the same outdoor unit and all
non-ducted indoor units is set equal to
the rating of the tested system having all
non-ducted indoor units. The second
system combination is tested using only
ducted indoor units that meet the
definition of a tested combination. The
rating given to any untested multi-split
system combination having the same
outdoor unit and all ducted indoor units
is set equal to the rating of the tested
system having all ducted indoor units.
The rating given to any untested multisplit system combination having the
same outdoor unit and a mix of nonducted and ducted indoor units is set
equal to the average of the ratings for the
two required tested combinations.
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 the
indoor units must be subjected the same
minimum external static pressure. This
requirement enables the test lab to
manifold the outlets from each indoor
unit into a common plenum that
supplies air to a single airflow
measuring apparatus. This 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
E:\FR\FM\02JNN1.SGM
02JNN1
31954
Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Notices
and then sum the separate capacities to
obtain the overall system capacity.
Measuring capacity in this way would
require that the test laboratory be
equipped with multiple airflow
measuring apparatuses. It is unlikely
that any test laboratory would be
equipped with the necessary number of
such apparatuses. Alternatively, the test
laboratory could connect its one airflow
measuring apparatus to one or more
common indoor units until the
contribution of each indoor unit had
been measured. However, that approach
would be so time-consuming as to be
impractical.
For the reasons discussed above, DOE
believes Carrier’s SMMSi VRF multisplit heat pumps cannot be tested using
the procedure 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)–(3).
After careful consideration, DOE has
decided to prescribe ANSI/AHRI 1230–
2010 as the alternate test procedure for
Carrier’s commercial multi-split
products.
emcdonald on DSK2BSOYB1PROD with NOTICES
Consultations With Other Agencies
DOE consulted with the Federal Trade
Commission (FTC) staff concerning the
Carrier petition for waiver. The FTC
staff did not have any objections to
issuing a waiver to Carrier.
Conclusion
After careful consideration of all the
materials submitted by Carrier, the
absence of any comments, and
consultation with the FTC staff, it is
ordered that:
(1) The petition for waiver filed by
Carrier (Case No. CAC–031) is hereby
granted as set forth in the paragraphs
below.
(2) Carrier shall not be required to test
or rate its SMMSi VRF multi-split heat
pump models listed below on the basis
of the test procedures cited in 10 CFR
431.96, specifically ARI Standard 340/
360–2004 (incorporated by reference in
10 CFR 431.95(b)(2–3)). Instead, it shall
be required to test and rate such
products according to the alternate test
procedure as set forth in paragraph (3).
Standard model outdoor units:
MMY–MAP0724HT9UL, with a capacity
of 72,000 Btu/hr
MMY–MAP0964HT9UL, with a capacity
of 96,000 Btu/hr
MMY–MAP1144HT9UL, with a capacity
of 114,000 Btu/hr
MMY–AP1444HT9UL, with a capacity
of 144,000 Btu/hr
MMY–AP1684HT9UL, with a capacity
of 168,000 Btu/hr
MMY–AP1924HT9UL, with a capacity
of 192,000 Btu/hr
VerDate Mar<15>2010
18:20 Jun 01, 2011
Jkt 223001
MMY–AP2284HT9UL, with a capacity
of 220,000 Btu/hr
Indoor units, whose capacities range
from 7,000 to 48,000 Btu/hr that are
compatible with the outdoor units listed
above:
4-way cassette
MMU–AP0182H2UL, MMU–
AP0212H2UL, MMU–
AP0242H2UL, MMU–
AP0302H2UL, MMU–
AP0362H2UL, and MMU–
AP0422H2UL
Compact 4-way cassette
MMU–AP0071MH2UL, MMU–
AP0091MH2UL, MMU–
AP0121MH2UL, MMU–
AP0151MH2UL, and MMU–
AP0181MH2UL
Ceiling
MMC–AP0181H2UL, MMC–
AP0241H2UL, MMC–AP0361H2UL,
and MMC–AP0421H2UL
High-wall
MMK–AP0073H2UL, MMK–
AP0093H2UL, MMK–AP0123H2UL,
MMK–AP0153H2UL, MMK–
AP0183H2UL, and MMK–
AP0243H2UL
Slim ducted
MMD–AP0071SPH2UL, MMD–
AP0091SPH2UL, MMD–
AP0121SPH2UL, MMD–
AP0151SPH2UL, and MMD–
AP0181SPH2UL
Medium static ducted
MMD–AP0071BH2UL, MMD–
AP0091BH2UL, MMD–
AP0121BH2UL, MMD–
AP0151BH2UL, MMD–
AP0181BH2UL, MMD–
AP0211BH2UL, MMD–
AP0241BH2UL, MMD–
AP0301BH2UL, MMD–
AP0361BH2UL, MMD–
AP0421BH2UL, and MMD–
AP0481BH2UL
High static ducted
MMD–AP0151H2UL, MMD–
AP0181H2UL, MMD–AP0241H2UL,
MMD–AP0301H2UL, MMD–
AP0361H2UL, and MMD–
AP0481H2UL
(3) Alternate test procedure. Carrier is
not required to test the products listed
in paragraph (2) above according to the
test procedure for commercial package
air conditioners and heat pumps
prescribed by DOE at 10 CFR 431.96
(ARI Standard 340/360–2004
(incorporated by reference in 10 CFR
431.95(b)(2)–(3)), but instead shall use
the alternate test procedure ANSI/AHRI
1230–2010.
(4) This waiver shall remain in effect
from the date this Decision and Order is
issued, consistent with the provisions of
10 CFR 431.401(g).
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
(5) This waiver is issued on the
condition that the statements,
representations, and documentary
materials provided by the petitioner are
valid. DOE may revoke or modify the
waiver at any time if it determines that
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.
(6) This waiver applies only to those
basic models set out in Carrier’s petition
for waiver. Grant of this waiver does not
release a petitioner from the
certification requirements set forth at 10
CFR part 429.
Issued in Washington, DC, on May 26,
2011.
Kathleen B. Hogan,
Deputy Assistant Secretary, Energy Efficiency
and Renewable Energy.
[FR Doc. 2011–13654 Filed 6–1–11; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. DI11–7–000]
San Jose Water Company; Notice of
Declaration of Intention and Soliciting
Comments, Protests, and/or Motions
To Intervene
Take notice that the following
application has been filed with the
Commission and is available for public
inspection:
a. Application Type: Declaration of
Intention.
b. Docket No: DI11–7–000.
c. Date Filed: May 16, 2011.
d. Applicant: San Jose Water
Company.
e. Name of Project: Micro-HydroTurbine-Generator Project.
f. Location: The Micro-HydroTurbine-Generator Project will be
located on a water delivery system pipe,
replacing Pressure Reducing Valves, in
the town of San Jose, Santa Clara
County, California.
g. Filed Pursuant to: Section 23(b)(1)
of the Federal Power Act, 16 U.S.C.
817(b).
h. Applicant Contact: Thomas J.
Victorine, Director of Operations, San
Jose Water Company, 110 W. Santa
Clara Street, San Jose, CA 95196–0001;
Telephone: (408) 279–7814; FAX: (408)
292–5812; e-mail: https://
www.Tom.victorine@sjwater.com.
i. FERC Contact: Any questions on
this notice should be addressed to
Henry Ecton, (202) 502–8768, or E-mail
address: henry.ecton@ferc.gov.
E:\FR\FM\02JNN1.SGM
02JNN1
]]>Agencies
[Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)]
[Notices]
[Pages 31951-31954]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13654]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. CAC-031]
Energy Conservation Program for Certain Commercial and Industrial
Equipment: Decision and Order Granting a Waiver to Carrier Corporation
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-031, which grants Carrier
Corporation (Carrier) a waiver from the existing DOE test procedures
applicable to commercial package air-source central air conditioners
and heat pumps. The waiver is specific to the Carrier Super Modular
Multi-System (SMMSi) variable refrigerant flow (VRF) multi-split
commercial heat pumps. As a condition of this waiver, Carrier must use
the alternate test procedure set forth in this notice to test and rate
its SMMSi VRF multi-split commercial heat pumps.
DATES: This Decision and Order is effective June 2, 2011.
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.
Ms. Elizabeth Kohl, U.S. Department of Energy, Office of General
Counsel, Mail Stop GC-71, 1000 Independence Avenue, SW., Washington, DC
20585-0103, (202) 586-7796; E-mail: Elizabeth.Kohl@hq.doe.gov.
SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of
Federal Regulations (10 CFR) 431.401(f)(4), DOE provides notice of the
issuance of the Decision and Order set forth below. In this Decision
and Order, DOE grants Carrier a waiver from the existing DOE commercial
package air conditioner and heat pump test procedures for its SMMSi VRF
multi-split products. Carrier must use the alternate test procedure
provided in this notice (American National Standards Institute/Air-
Conditioning, Heating and Refrigeration Institute (ANSI/AHRI)
[[Page 31952]]
Standard 1230-2010, ``Performance Rating of Variable Refrigerant Flow
(VRF) Multi-Split Air-Conditioning and Heat Pump Equipment'') to test
and rate the specified models from its SMMSi VRF multi-split commercial
heat pumps identified below. The cooling capacities of Carrier's SMMSi
VRF multi-split heat pumps at issue in the waiver petition filed by
Carrier range from 72,000 Btu/h to 220,000 Btu/h. All of this equipment
is covered by ANSI/AHRI Standard 1230-2010, which includes units with
capacities from 12,000 Btu/h to 300,000 Btu/h.
Today's decision prohibits Carrier from making any representations
concerning the energy efficiency of these products unless the product
has been tested consistent with the provisions and restrictions in the
alternate test procedure set forth in the Decision and Order below, and
the representations fairly disclose the test results. (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. Id.
Issued in Washington, DC, on May 26, 2011.
Kathleen Hogan,
Deputy Assistant Secretary for Energy Efficiency, Office of Technology
Development, Energy Efficiency and Renewable Energy.
Decision and Order
In the Matter of: Carrier Corporation (Carrier) (Case No. CAC-031).
Background
Title III, Part C of the Energy Policy and Conservation Act of 1975
(EPCA), Pub. L. 94-163 (42 U.S.C. 6311-6317, as codified) established
the Energy Conservation Program for Certain Industrial Equipment, a
program covering certain industrial equipment, which includes the SMMSi
VRF commercial multi-split heat pumps that are the focus of this
notice.\1\ 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))
---------------------------------------------------------------------------
\1\ For editorial reasons, upon codification in the U.S. Code,
Part C was re-designated Part A-1.
---------------------------------------------------------------------------
For commercial package air-conditioning and heating equipment, EPCA
provides that ``the test procedures shall be those generally accepted
industry testing procedures or rating procedures developed or
recognized by the Air-Conditioning and Refrigeration Institute [ARI] or
by the American Society of Heating, Refrigerating and Air-Conditioning
Engineers [ASHRAE], as referenced in ASHRAE/IES Standard 90.1 and in
effect on June 30, 1992.'' (42 U.S.C. 6314(a)(4)(A)) Under 42 U.S.C.
6314(a)(4)(B), the statute further directs the Secretary to amend the
test procedure for a covered commercial product if the industry test
procedure is amended, unless the Secretary determines, 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. For commercial air-
source heat pumps, DOE adopted ARI Standard 340/360-2004. 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. The cooling capacities of Carrier's SMMSi
VRF multi-split heat pumps in its waiver petition range from 72,000
Btu/h to 220,000 Btu/h. The current test procedure for this equipment
is ARI Standard 340/360-2004, which includes units with capacities
greater than 65,000 Btu/hour.
DOE's regulations for covered products permit a person to seek a
waiver from the test procedure requirements for covered commercial
equipment if at least one of the following conditions is met: (1) The
petitioner's basic model contains one or more design characteristics
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).
On February 16, 2011, Carrier filed a petition for waiver from the
test procedure at 10 CFR 431.96 applicable to commercial package air
source central air conditioners and heat pumps, as well as an
application for interim waiver. The capacities of Carrier's SMMSi VRF
multi-split heat pumps range from 72,000 Btu/h to 220,000 Btu/h. The
applicable test procedure for commercial air-source heat pumps is ARI
340/360-2004. Manufacturers are directed to use these test procedures
pursuant to Table 1 of 10 CFR 431.96.
Carrier seeks a waiver from the applicable test procedures under 10
CFR 431.96 on the grounds that its SMMSi VRF multi-split heat pumps
contain design characteristics that prevent testing according to the
current DOE test procedures. Specifically, Carrier asserts that the two
primary factors that prevent testing of its 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
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) (Carrier); 76 FR 19078 (April
6, 2011) (Mitsubishi).
[[Page 31953]]
On April 8, 2011, DOE published Carrier's petition for waiver in
the Federal Register, seeking public comment pursuant to 10 CFR
431.401(b)(1)(iv), and granted the application for interim waiver. 76
FR 19759. DOE received one comment on the Carrier petition, from
Carrier, requesting the adoption of ANSI/AHRI 1230-2010 as the
alternate test procedure.
Assertions and Determinations
Carrier's Petition for Waiver
Carrier seeks a waiver from the DOE test procedures for this
product class on the grounds that its SMMSi VRF multi-split commercial
heat pumps contain design characteristics that prevent them from being
tested using the current DOE test procedures. As stated above, Carrier
asserts that the two primary factors that prevent testing of multi-
split variable speed products are the same factors stated in the
waivers that DOE granted to Mitsubishi, Fujitsu General Ltd. (Fujitsu),
Samsung Air Conditioning (Samsung), Daikin, Sanyo, and LG for similar
lines 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 unit to
test.
The SMMSi systems have operational characteristics similar to the
commercial multi-split products manufactured by Mitsubishi, Samsung,
LG, Sanyo, Fujitsu and Daikin. As indicated above, DOE has already
granted waivers for these products. The SMMSi system consists of
multiple indoor units connected to an air-cooled outdoor unit. The
indoor units for these products are available in a number of potential
configurations, including the following: 4-way cassette, compact 4-way
cassette, high-wall, slim ducted, medium static ducted, high static
ducted, and ceiling. There are 7 unique outdoor models and 43 unique
indoor models. A single outdoor model can be connected to up to 38
indoor units. According to Carrier, the various indoor and outdoor
models can be connected in a multitude of configurations, with many
thousands of possible combinations. Consequently, Carrier requested
that DOE grant a waiver from the applicable test procedures for its
SMMSi product designs until a suitable test method can be prescribed.
In responses to two petitions for waiver from Mitsubishi, DOE
specified an alternate test procedure to provide a basis upon which
Mitsubishi could test and make valid energy efficiency representations
for its R410A CITY MULTI equipment, as well as for its R22 multi-split
equipment. 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. The Carrier SMMSi VRF systems have
operational characteristics similar to the commercial multi-split
products manufactured by Mitsubishi, Samsung, Fujitsu, Daikin, LG, and
Sanyo. DOE has granted waivers for these products with a similar
alternate test procedure prescribed for Mitsubishi. For reasons similar
to those published in these prior notices, DOE believes that an
alternate test procedure is appropriate in this instance.
We 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 the
Air-Conditioning, Heating and Refrigeration Institute (AHRI) and the
``American National Standards Institute (ANSI), ANSI/AHRI 1230--2010:
Performance Rating of Variable Refrigerant Flow (VRF) Multi-Split Air-
Conditioning and Heat Pump Equipment.'' This test procedure has been
incorporated into ASHRAE 90.1--2010. DOE is currently assessing AHRI
1230-2010, with respect to the requirements for test procedures
specified by EPCA (42 U.S.C. 6314(a)(4)(B)), and will provide a
preliminary determination regarding those test procedures in a future
notice of proposed rulemaking.
Carrier's petition proposed that DOE apply ANSI/AHRI Standard 1230-
2010 as the alternate test procedure to apply to its SMMSi VRF multi-
split heat pump equipment as a condition of its requested waiver. As
stated above, the only comment received by DOE regarding the Carrier
petition was from Carrier, requesting the adoption of ANSI/AHRI 1230-
2010 as the alternate test procedure. The alternate test procedure in
the commercial multi-split waivers that DOE granted to Mitsubishi and
the other manufacturers listed above is similar to ANSI/AHRI 1230-2010.
DOE issues today's Decision and Order granting Carrier a test
procedure waiver for its commercial SMMSi VRF multi-split heat pumps.
As a condition of this waiver, Carrier must use ANSI/AHRI 1230-2010 as
the alternate test procedure.
Alternate Test Procedure
The alternate test procedure prescribed by DOE in earlier multi-
split waivers, including the interim waiver granted to Carrier in
response to the current petition, consisted of a definition of a
``tested combination'' and a prescription for representations. ANSI/
AHRI 1230-2010 also includes a definition of ``tested combination,''
and the two definitions are identical in all relevant respects.
The earlier alternate test procedure provides for efficiency rating
of a non-tested combination in one of two ways: (1) At an energy
efficiency level determined using a DOE-approved alternative rating
method; or (2) at the efficiency level of the tested combination
utilizing the same outdoor unit. ANSI/AHRI 1230-2010 requires an
additional test and in this respect is similar to the residential test
procedure set forth in 10 CFR part 430, subpart B, appendix M. Multi-
split manufacturers must test two or more combinations of indoor units
with each outdoor unit. The first system combination is tested using
only non-ducted indoor units that meet the definition of a tested
combination. The rating given to any untested multi-split system
combination having the same outdoor unit and all non-ducted indoor
units is set equal to the rating of the tested system having all non-
ducted indoor units. The second system combination is tested using only
ducted indoor units that meet the definition of a tested combination.
The rating given to any untested multi-split system combination having
the same outdoor unit and all ducted indoor units is set equal to the
rating of the tested system having all ducted indoor units. The rating
given to any untested multi-split system combination having the same
outdoor unit and a mix of non-ducted and ducted indoor units is set
equal to the average of the ratings for the two required tested
combinations.
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 the indoor units must be
subjected the same minimum external static pressure. This requirement
enables the test lab to manifold the outlets from each indoor unit into
a common plenum that supplies air to a single airflow measuring
apparatus. This 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
[[Page 31954]]
and then sum the separate capacities to obtain the overall system
capacity. Measuring capacity in this way would require that the test
laboratory be equipped with multiple airflow measuring apparatuses. It
is unlikely that any test laboratory would be equipped with the
necessary number of such apparatuses. Alternatively, the test
laboratory could connect its one airflow measuring apparatus to one or
more common indoor units until the contribution of each indoor unit had
been measured. However, that approach would be so time-consuming as to
be impractical.
For the reasons discussed above, DOE believes Carrier's SMMSi VRF
multi-split heat pumps cannot be tested using the procedure 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)-(3). After
careful consideration, DOE has decided to prescribe ANSI/AHRI 1230-2010
as the alternate test procedure for Carrier's commercial multi-split
products.
Consultations With Other Agencies
DOE consulted with the Federal Trade Commission (FTC) staff
concerning the Carrier petition for waiver. The FTC staff did not have
any objections to issuing a waiver to Carrier.
Conclusion
After careful consideration of all the materials submitted by
Carrier, the absence of any comments, and consultation with the FTC
staff, it is ordered that:
(1) The petition for waiver filed by Carrier (Case No. CAC-031) is
hereby granted as set forth in the paragraphs below.
(2) Carrier shall not be required to test or rate its SMMSi VRF
multi-split heat pump models listed below on the basis of the test
procedures cited in 10 CFR 431.96, specifically ARI Standard 340/360-
2004 (incorporated by reference in 10 CFR 431.95(b)(2-3)). Instead, it
shall be required to test and rate such products according to the
alternate test procedure as set forth in paragraph (3).
Standard model outdoor units:
MMY-MAP0724HT9UL, with a capacity of 72,000 Btu/hr
MMY-MAP0964HT9UL, with a capacity of 96,000 Btu/hr
MMY-MAP1144HT9UL, with a capacity of 114,000 Btu/hr
MMY-AP1444HT9UL, with a capacity of 144,000 Btu/hr
MMY-AP1684HT9UL, with a capacity of 168,000 Btu/hr
MMY-AP1924HT9UL, with a capacity of 192,000 Btu/hr
MMY-AP2284HT9UL, with a capacity of 220,000 Btu/hr
Indoor units, whose capacities range from 7,000 to 48,000 Btu/hr
that are compatible with the outdoor units listed above:
4-way cassette
MMU-AP0182H2UL, MMU-AP0212H2UL, MMU-AP0242H2UL, MMU-AP0302H2UL,
MMU-AP0362H2UL, and MMU-AP0422H2UL
Compact 4-way cassette
MMU-AP0071MH2UL, MMU-AP0091MH2UL, MMU-AP0121MH2UL, MMU-AP0151MH2UL,
and MMU-AP0181MH2UL
Ceiling
MMC-AP0181H2UL, MMC-AP0241H2UL, MMC-AP0361H2UL, and MMC-AP0421H2UL
High-wall
MMK-AP0073H2UL, MMK-AP0093H2UL, MMK-AP0123H2UL, MMK-AP0153H2UL,
MMK-AP0183H2UL, and MMK-AP0243H2UL
Slim ducted
MMD-AP0071SPH2UL, MMD-AP0091SPH2UL, MMD-AP0121SPH2UL, MMD-
AP0151SPH2UL, and MMD-AP0181SPH2UL
Medium static ducted
MMD-AP0071BH2UL, MMD-AP0091BH2UL, MMD-AP0121BH2UL, MMD-AP0151BH2UL,
MMD-AP0181BH2UL, MMD-AP0211BH2UL, MMD-AP0241BH2UL, MMD-AP0301BH2UL,
MMD-AP0361BH2UL, MMD-AP0421BH2UL, and MMD-AP0481BH2UL
High static ducted
MMD-AP0151H2UL, MMD-AP0181H2UL, MMD-AP0241H2UL, MMD-AP0301H2UL,
MMD-AP0361H2UL, and MMD-AP0481H2UL
(3) Alternate test procedure. Carrier is not required to test the
products listed in paragraph (2) above according to the test procedure
for commercial package air conditioners and heat pumps prescribed by
DOE at 10 CFR 431.96 (ARI Standard 340/360-2004 (incorporated by
reference in 10 CFR 431.95(b)(2)-(3)), but instead shall use the
alternate test procedure ANSI/AHRI 1230-2010.
(4) This waiver shall remain in effect from the date this Decision
and Order is issued, consistent with the provisions of 10 CFR
431.401(g).
(5) This waiver is issued on the condition that the statements,
representations, and documentary materials provided by the petitioner
are valid. DOE may revoke or modify the waiver at any time if it
determines that 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.
(6) This waiver applies only to those basic models set out in
Carrier's petition for waiver. Grant of this waiver does not release a
petitioner from the certification requirements set forth at 10 CFR part
429.
Issued in Washington, DC, on May 26, 2011.
Kathleen B. Hogan,
Deputy Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 2011-13654 Filed 6-1-11; 8:45 am]
BILLING CODE 6450-01-P
