Decision and Order Granting a Waiver to Mitsubishi Electric & Electronics USA, Inc. From the Department of Energy Commercial Package Air Conditioner and Heat Pump Test Procedures, 40714-40717 [2011-17311]
Download as PDF
<![CDATA[
40714
Federal Register / Vol. 76, No. 132 / Monday, July 11, 2011 / Notices
DEPARTMENT OF ENERGY
Fusion Energy Sciences Advisory
Committee
Department of Energy, Office of
Science.
ACTION: Notice of open meeting.
AGENCY:
This notice announces a
meeting of the Fusion Energy Sciences
Advisory Committee. The Federal
Advisory Committee Act (Pub. L. 92–
463, 86 Stat. 770) requires that public
notice of these meetings be announced
in the Federal Register.
DATES: Thursday, July 28, 2011 9 a.m. to
5 p.m.
ADDRESSES: Gaithersburg Hilton, 620
Perry Parkway, Gaithersburg, Maryland
20877.
FOR FURTHER INFORMATION CONTACT:
Albert L. Opdenaker, Designated
Federal Officer, Office of Fusion Energy
Sciences; U.S. Department of Energy;
1000 Independence Avenue, SW.,
Washington, DC 20585–1290;
Telephone: 301–903–4941.
SUPPLEMENTARY INFORMATION:
Purpose of the Meeting: To complete
the charge given to the Committee in the
letter from Director, Office of Science,
dated February 25, 2011 to describe the
current policies and practices for
disseminating research results in the
fields that are relevant to the Fusion
Energy Sciences program.
Tentative Agenda Items:
• FES perspective and program
status.
• Report from Subcommittee on
Research Data Dissemination and
discussion of the draft report.
• Status of ITER Project.
• Status of the Fusion Nuclear
Sciences Pathways Assessment
Activities.
• Public Comments.
SUMMARY:
erowe on DSK5CLS3C1PROD with NOTICES
Note: The FESAC meeting will be
broadcast live on the Internet. You may find
out how to access this broadcast by going to
the following site prior to the start of the
meeting. A video record of the meeting
including the presentations that are made
will be archived at this site after the meeting
ends: https://doe.granicus.com/
ViewPublisher.php?view_id=3.
Public Participation: The meeting is
open to the public. If you would like to
file a written statement with the
Committee, you may do so either before
or after the meeting. If you would like
to make oral statements regarding any of
the items on the agenda, you should
contact Albert L. Opdenaker at 301–
903–8584 (fax) or
albert.opdenaker@science.doe.gov
(e-mail). Reasonable provision will be
made to include the scheduled oral
VerDate Mar<15>2010
15:30 Jul 08, 2011
Jkt 223001
statements during the Public Comments
time on the agenda. The Chairperson of
the Committee will conduct the meeting
to facilitate the orderly conduct of
business. Public comment will follow
the 10-minute rule.
Minutes: The minutes of the meeting
will be available for public review and
copying within 30 days at the Freedom
of Information Public Reading Room;
1G–033, Forrestal Building; 1000
Independence Avenue, SW.,
Washington, DC 20585; between 9 a.m.
and 4 p.m., Monday through Friday,
except holidays, and on the Fusion
Energy Sciences Advisory Committee
Web site—https://www.science.doe.gov/
ofes/fesac.shtml.
Issued at Washington, DC, on July 6, 2011.
Rachel Samuel,
Deputy Committee Management Officer.
[FR Doc. 2011–17313 Filed 7–8–11; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. CAC–030]
Decision and Order Granting a Waiver
to Mitsubishi Electric & Electronics
USA, Inc. 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–030, which
grants Mitsubishi Electric & Electronics
USA, Inc. (Mitsubishi) a waiver from the
existing DOE test procedures applicable
to commercial package air-source and
water-source central air conditioners
and heat pumps. The waiver is specific
to indoor units of the Mitsubishi
variable capacity CITY MULTI WR2 and
WY Series and CITY MULTI S&L Class
multi-split commercial heat pumps. As
a condition of this waiver, Mitsubishi
must use the alternate test procedure set
forth in this notice to test and rate its
WR2 and WY Series and S&L Class
CITY MULTI multi-split commercial
heat pumps.
DATES: This Decision and Order is
effective July 11, 2011.
FOR FURTHER INFORMATION CONTACT: Dr.
Michael G. Raymond, U.S. Department
of Energy, Building Technologies
Program, Mailstop EE–2J, 1000
SUMMARY:
PO 00000
Frm 00038
Fmt 4703
Sfmt 4703
Independence Avenue, SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–9611. E-mail:
Michael.Raymond@ee.doe.gov.
Ms. Jennifer Tiedeman, 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) 287–6111. Email: mailto:Jennifer.Tiedeman@
hq.doe.gov.
In
accordance with Title 10 of the Code of
Federal Regulations (10 CFR)
431.401(f)(4), DOE is providing notice of
the issuance of the Decision and Order
set forth below. In this Decision and
Order, DOE grants Mitsubishi a waiver
from the existing DOE commercial
package air conditioner and heat pump
test procedures for specific indoor units
of its CITY MULTI WR2 and WY Series
and CITY MULTI S&L Class multi-split
commercial heat pumps. The waiver
requires Mitsubishi use the alternate test
procedure provided in this notice to test
and rate the specified models of indoor
units from its CITY MULTI WR2 and
WY Series and CITY MULTI S&L Class
multi-split equipment line (as identified
below).
Today’s decision prohibits Mitsubishi
from making any representations
concerning the energy efficiency of this
equipment unless the equipment 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 this equipment. Id.
SUPPLEMENTARY INFORMATION:
Issued in Washington, DC, on July 5, 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: Mitsubishi Electric &
Electronics USA, Inc. (Mitsubishi) (Case
No. CAC–030).
Background
Title III, Part C of the Energy Policy
and Conservation Act of 1975 (EPCA),
Public Law 94–163 (42 U.S.C. 6311–
6317, as codified, added by Public Law
95–619, Title IV, 441(a), established the
Energy Conservation Program for certain
industrial equipment, which includes
commercial air conditioning equipment,
package boilers, water heaters, and other
E:\FR\FM\11JYN1.SGM
11JYN1
erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 76, No. 132 / Monday, July 11, 2011 / Notices
types of commercial equipment, 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))
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), if the industry test
procedure for commercial package airconditioning 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 this
equipment. For small commercial
packaged 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 and equipment permit a
1 For editorial reasons, upon codification in the
U.S. Code, Part C was re-designated Part A–1.
VerDate Mar<15>2010
15:30 Jul 08, 2011
Jkt 223001
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 December 15, 2009, DOE granted
Mitsubishi waivers from the DOE
commercial air conditioner and heat
pump test procedures for Mitsubishi’s
CITY MULTI WR2 and WY Series
equipment and its CITY MULTI S&L
Class equipment. 74 FR 66311; 74 FR
66315. On February 18, 2011,
Mitsubishi submitted a petition for
waiver, listing additional models of
indoor units used in these multi-split
systems. The petition includes indoor
models in existing model families that
have capacities not previously offered,
as well as new indoor model families to
be used with the systems. These
additional indoor models face the same
testing challenges as the models already
covered by the previous CITY MULTI
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
40715
WR2 and WY Series waiver and the
CITY MULTI S&L Class waiver. On
April 6, 2011, DOE published
Mitsubishi’s petition for waiver in the
Federal Register, and requested
interested parties to comment. 76 FR
19078. No comments were received.
Assertions and Determinations
Mitsubishi’s Petition for Waiver
Mitsubishi seeks a waiver from the
applicable test procedures under 10 CFR
431.96 on the grounds that its new CITY
MULTI WR2 and WY Series and S&L
Class multi-split heat pumps contain
design characteristics that prevent
testing according to the current DOE test
procedures. Specifically, Mitsubishi
asserts that existing testing facilities
have limited ability to test multiple
indoor units at one time, and that the
large number of possible combinations
of indoor and outdoor units is
impractical to test. DOE previously
granted the CITY MULTI WR2 and WY
Series and the CITY MULTI S&L Class
equipment waivers on that basis. The
additional indoor models that are the
subjects of this petition would be used
just as the equipment covered by the
previous CITY MULTI WR2 and WY
Series waiver and the CITY MULTI S&L
Class waiver, and thus present exactly
the same testing challenges.
As DOE found in its grants of the
CITY MULTI WR2 and WY Series
waiver and the CITY MULTI S&L Class
waiver, indoor models are not the
primary efficiency drivers for these
systems; rather, the primary efficiency
drivers are the outdoor units. Mitsubishi
is not requesting a waiver for any new
outdoor units. The new indoor units
described above will be combined with
the outdoor unit models covered by the
prior waivers to create additional multisplit systems.
Both the CITY MULTI WR2 and WY
Series waiver and the CITY MULTI S&L
Class waiver prescribed alternate test
procedures pursuant to which
Mitsubishi tests and rates its WR2 and
WY Series and S&L class equipment. No
changes to those alternate test
procedures are needed to cover the
additional indoor units that are the
subjects of Mitsubishi’s current petition.
Therefore, Mitsubishi has requested that
the additional indoor units considered
today be subject to the same alternate
test procedures as outlined in the CITY
MULTI WR2 and WY Series waiver and
the CITY MULTI S&L Class waiver, as
applicable.
DOE issues this Decision and Order
granting Mitsubishi a test procedure
waiver for its additional indoor units to
be used in its CITY MULTI WR2 and
E:\FR\FM\11JYN1.SGM
11JYN1
40716
Federal Register / Vol. 76, No. 132 / Monday, July 11, 2011 / Notices
WY Series and CITY MULTI S&L Class
multi-split heat pumps. As a condition
of this waiver, Mitsubishi must use the
alternate test procedure described
below. This alternate test procedure is
the same as the one that DOE approved
for Mitsubishi in its waiver decisions in
December 2009.
Alternate Test Procedure
The alternate test procedure permits
Mitsubishi 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 between two and five indoor units
so that the combination can be tested in
available test facilities (for systems with
nominal cooling capacities greater than
150,000 Btu/h, however, the number of
indoor units may be as high as eight to
allow testing of non-ducted indoor unit
combinations). The tested combination
must be tested according to the
applicable DOE test procedures, as
modified by the provisions of the
alternate test procedure as set forth
below.
The alternate DOE test procedure also
allows Mitsubishi to represent the
equipment’s energy efficiency. These
representations must fairly disclose the
test results. The DOE test procedures, as
modified by the alternate test procedure
set forth in this Decision and Order,
provide 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.
For the reasons discussed above, DOE
believes Mitsubishi’s additional indoor
units from its CITY MULTI WR2 and
WY Series and CITY MULTI S&L Class
multi-split equipment line cannot be
tested using the procedures prescribed
in 10 CFR 431.96 (ISO Standard 13256–
1 (1998) and ARI Standard 340/360–
2004) and incorporated by reference in
DOE’s regulations at 10 CFR
431.95(b)(2)–(3).
erowe on DSK5CLS3C1PROD with NOTICES
Consultations With Other Agencies
DOE consulted with the Federal Trade
Commission (FTC) staff concerning the
Mitsubishi petition for waiver. The FTC
staff did not have any objections to
issuing a waiver to Mitsubishi.
Conclusion
After careful consideration of all the
materials submitted by Mitsubishi, the
absence of any comments, and
VerDate Mar<15>2010
15:30 Jul 08, 2011
Jkt 223001
consultation with the FTC staff, it is
ordered that:
(1) The petition for waiver filed by
Mitsubishi (Case No. CAC–030) is
hereby granted as set forth in the
paragraphs below.
(2) Mitsubishi shall not be required to
test or rate its additional indoor units of
its CITY MULTI WR2 and WY and CITY
MULTI S&L Class commercial package
multi-split heat pumps listed below
according to the existing test procedures
under Table 1 of 10 CFR 431.96, which
incorporates by reference the AirConditioning and Refrigeration Institute
(ARI) Standard 340/360–2004 for the
air-source CITY MULTI S&L Class
equipment, and ISO Standard 13256–
1998 for the water-source CITY MULTI
WR2 and WY Series equipment. Instead,
it shall be required to test and rate such
equipment according to the alternate
test procedure as set forth in paragraph
(3).
PCFY-Series—Ceiling Suspended, with
a capacity of 15 MBtu/h.
PEFY Series—Ceiling Concealed Ducted
(Low Profile), with a capacity of 15
MBtu/h.
PKFY Series—Wall Mounted, with a
capacity of 15 MBtu/h.
PLFY Series—4-Way Airflow Ceiling
Cassette, with a capacity of 15 MBtu/
h.
The PEFY-AF Series—100% outdoor air
ventilation systems (Concealed
ducted)—
PEFY-AF1200CFM/CFMR**, with a
maximum outside air ventilation
capability of 1200 CFM.
The PVFY Series—Vertical air handler
(Concealed ducted), with capacities of
12/18/24/30/36/42/48/54 MBtu/h.
PWFY Series—Commercial Hot Water
Heat Pump Indoor Units, with
capacities of 36/72 MBtu/h and 36
MBtu/h with booster unit.
PEFY Series—Ceiling Concealed
Ducted, with capacities of 06/08/12/
15/18/24/27/30/36/48 MBtu/h.
PLFY Series—2′-by-2′ frame 4-Way
Airflow Ceiling Cassette, with
capacities of 8/12/15 MBtu/h.
(3) Alternate test procedure.
(A) Mitsubishi shall be required to
test the basic models of CITY MULTI
WR2 and WY Series and CITY MULTI
S&L Class water and air-source outdoor
units and compatible indoor units listed
above and in combination with the basic
models listed in the waivers granted on
December 15, 2009 according to the test
procedures for commercial central air
conditioners and heat pumps prescribed
under 10 CFR 431.96, except that
Mitsubishi shall test a ‘‘tested
combination’’ selected in accordance
with the provisions of subparagraph (B).
PO 00000
Frm 00040
Fmt 4703
Sfmt 4703
For every other system combination
using the same outdoor unit as the
tested combination, Mitsubishi shall
make representations concerning the
WR2 and WY Series and S&L Class
CITY MULTI equipment covered in this
interim waiver according to the
provisions of subparagraph (C).
(B) Tested combination. The term
tested combination means a sample
basic model comprised of units that are
production units, or are representative
of production units, of the basic model
being tested. For the purposes of this
waiver, the tested combination shall
have the following features:
(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, so that
non-ducted indoor unit combinations
can also be tested.) 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
section 2.4.1 of 10 CFR Part 430, subpart
B, appendix M.
(4) Representations. In making
representations about the energy
efficiency of its CITY MULTI WR2 and
WY Series and CITY MULTI S&L Class
multi-split heat pump products for
compliance, marketing, or other
purposes, Mitsubishi must fairly
disclose the results of testing under the
DOE test procedure in a manner
consistent with the provisions outlined
below:
(1) For CITY MULTI WR2 and WY
Series and CITY MULTI S&L Class
combinations tested in accordance with
this alternate test procedure, Mitsubishi
may make representations based on
these test results.
E:\FR\FM\11JYN1.SGM
11JYN1
Federal Register / Vol. 76, No. 132 / Monday, July 11, 2011 / Notices
(2) For CITY MULTI WR2 and WY
Series and CITY MULTI S&L Class
combinations that are not tested,
Mitsubishi 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.
(5) 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).
(6) 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.
(7) This waiver applies only to those
basic models set out in Mitsubishi’s
petition for waiver.
(8) 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 July 5, 2011.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Office of Technology
Development, Energy Efficiency and
Renewable Energy.
[FR Doc. 2011–17311 Filed 7–8–11; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. PF11–4–000]
Transcontinental Gas Pipe Line
Company, LLC; Notice of Intent To
Prepare an Environmental Assessment
for the Planned Northeast Supply Link
Project, Request for Comments on
Environmental Issues, and Notice of
Public Scoping Meetings
The staff of the Federal Energy
Regulatory Commission (FERC or
Commission) will prepare an
environmental assessment (EA) that will
discuss the environmental impacts of
the Northeast Supply Link Project
(Project) involving construction and
operation of facilities by
Transcontinental Gas Pipe Line
Company, LLC (Transco) in
Pennsylvania, New Jersey, and New
40717
York. This EA will be used by the
Commission in its decision-making
process to determine whether the
Project is in the public convenience and
necessity.
This notice announces the opening of
the scoping process the Commission
will use to gather input from the public
and interested agencies on the Project.
Your input during the scoping process
will help the Commission staff
determine what issues need to be
evaluated in the EA. The Commission
staff will also use the scoping process to
help determine whether preparation of
an environmental impact statement is
more appropriate for this Project based
upon the potential significance of the
anticipated levels of impact. Please note
that the scoping period will close on
August 15, 2011. This is not your only
public input opportunity; please refer to
the Environmental Review Process flow
chart in Appendix 1.1
Comments may be submitted in
written form or verbally. Further details
on how to submit written comments are
provided in the Public Participation
section of this notice. In lieu of or in
addition to sending written comments,
you are invited to attend the public
scoping meetings listed below.
Date and time
Location
Monday, July 18, 2011, 6 p.m. EDT ...................
Hughesville Volunteer Fire Company, Social Hall, 10 South Railroad Street, Hughesville, PA
07456.
Howard Johnson Inn, Pocono Room, 63 Route 611 (Highway 80 at Exit 302), Bartonsville, PA
18321.
Holiday Inn Select, Regina Room, 111 West Main Street, Clinton, NJ 08809.
Ramada Hotel, 130 State Route 10, East Hanover, NJ 07936.
Tuesday, July 19, 2011, 6 p.m. EDT ..................
erowe on DSK5CLS3C1PROD with NOTICES
Wednesday, July 20, 2011, 6 p.m. EDT .............
Thursday, July 21, 2011, 6 p.m. EDT .................
This notice is being sent to the
Commission’s current environmental
mailing list for this Project. State and
local government representatives are
asked to notify their constituents of this
planned Project and encourage them to
comment on their areas of concern.
If you are a landowner receiving this
notice, you may be contacted by a
pipeline company representative about
the acquisition of an easement to
construct, operate, and maintain the
planned facilities. The company would
seek to negotiate a mutually acceptable
agreement. However, if the Project is
approved by the Commission, that
approval conveys with it the right of
eminent domain. Therefore, if easement
negotiations fail to produce an
agreement, the pipeline company could
initiate condemnation proceedings
where compensation would be
determined in accordance with Federal
or state law.
A fact sheet prepared by the FERC
entitled ‘‘An Interstate Natural Gas
Facility On My Land? What Do I Need
To Know?’’ is included on the enclosed
CD–ROM and is available for viewing
on the FERC Web site (https://
www.ferc.gov). This fact sheet addresses
a number of typically-asked questions,
including the use of eminent domain
and how to participate in the
Commission’s proceedings.
1 The appendices referenced in this notice are not
being printed in the Federal Register. Copies of
appendices were sent to all those receiving this
notice in the mail and are available at https://
www.ferc.gov using the link called ‘‘eLibrary’’ or
from the Commission’s Public Reference Room, 888
First Street NE., Washington, DC 20426, or call
Summary of the Planned Project
Transco has announced its intention
to expand its existing natural gas
transmission system in Pennsylvania,
New Jersey, and New York. The Project
would increase natural gas transmission
capacity to the northeast region of the
United States by about 250,000
dekatherms per day from Transco’s
Leidy Line in Pennsylvania and New
Jersey to existing delivery points in
Pennsylvania, New Jersey, and New
York City.
The Northeast Supply Link Project
would consist of the following
components:
1. Installation of three pipeline loop 2
segments:
(202) 502–8371. For instructions on connecting to
eLibrary, refer to the last page of this notice.
2 A loop is a segment of pipe that is usually
installed adjacent to an existing pipeline and
Continued
VerDate Mar<15>2010
15:30 Jul 08, 2011
Jkt 223001
PO 00000
Frm 00041
Fmt 4703
Sfmt 4703
E:\FR\FM\11JYN1.SGM
11JYN1
]]>Agencies
[Federal Register Volume 76, Number 132 (Monday, July 11, 2011)]
[Notices]
[Pages 40714-40717]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17311]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. CAC-030]
Decision and Order Granting a Waiver to Mitsubishi Electric &
Electronics USA, Inc. 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-030, which grants Mitsubishi
Electric & Electronics USA, Inc. (Mitsubishi) a waiver from the
existing DOE test procedures applicable to commercial package air-
source and water-source central air conditioners and heat pumps. The
waiver is specific to indoor units of the Mitsubishi variable capacity
CITY MULTI WR2 and WY Series and CITY MULTI S&L Class multi-split
commercial heat pumps. As a condition of this waiver, Mitsubishi must
use the alternate test procedure set forth in this notice to test and
rate its WR2 and WY Series and S&L Class CITY MULTI multi-split
commercial heat pumps.
DATES: This Decision and Order is effective July 11, 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. Jennifer Tiedeman, 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) 287-6111. E-
mail: mailto:Jennifer.Tiedeman@hq.doe.gov.
SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of
Federal Regulations (10 CFR) 431.401(f)(4), DOE is providing notice of
the issuance of the Decision and Order set forth below. In this
Decision and Order, DOE grants Mitsubishi a waiver from the existing
DOE commercial package air conditioner and heat pump test procedures
for specific indoor units of its CITY MULTI WR2 and WY Series and CITY
MULTI S&L Class multi-split commercial heat pumps. The waiver requires
Mitsubishi use the alternate test procedure provided in this notice to
test and rate the specified models of indoor units from its CITY MULTI
WR2 and WY Series and CITY MULTI S&L Class multi-split equipment line
(as identified below).
Today's decision prohibits Mitsubishi from making any
representations concerning the energy efficiency of this equipment
unless the equipment 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 this equipment. Id.
Issued in Washington, DC, on July 5, 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: Mitsubishi Electric & Electronics USA, Inc.
(Mitsubishi) (Case No. CAC-030).
Background
Title III, Part C of the Energy Policy and Conservation Act of 1975
(EPCA), Public Law 94-163 (42 U.S.C. 6311-6317, as codified, added by
Public Law 95-619, Title IV, 441(a), established the Energy
Conservation Program for certain industrial equipment, which includes
commercial air conditioning equipment, package boilers, water heaters,
and other
[[Page 40715]]
types of commercial equipment, the focus of this notice.\1\
---------------------------------------------------------------------------
\1\ For editorial reasons, upon codification in the U.S. Code,
Part C was re-designated Part A-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))
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 this equipment. For small commercial packaged 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 and equipment 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 December 15, 2009, DOE granted Mitsubishi waivers from the DOE
commercial air conditioner and heat pump test procedures for
Mitsubishi's CITY MULTI WR2 and WY Series equipment and its CITY MULTI
S&L Class equipment. 74 FR 66311; 74 FR 66315. On February 18, 2011,
Mitsubishi submitted a petition for waiver, listing additional models
of indoor units used in these multi-split systems. The petition
includes indoor models in existing model families that have capacities
not previously offered, as well as new indoor model families to be used
with the systems. These additional indoor models face the same testing
challenges as the models already covered by the previous CITY MULTI WR2
and WY Series waiver and the CITY MULTI S&L Class waiver. On April 6,
2011, DOE published Mitsubishi's petition for waiver in the Federal
Register, and requested interested parties to comment. 76 FR 19078. No
comments were received.
Assertions and Determinations
Mitsubishi's Petition for Waiver
Mitsubishi seeks a waiver from the applicable test procedures under
10 CFR 431.96 on the grounds that its new CITY MULTI WR2 and WY Series
and S&L Class multi-split heat pumps contain design characteristics
that prevent testing according to the current DOE test procedures.
Specifically, Mitsubishi asserts that existing testing facilities have
limited ability to test multiple indoor units at one time, and that the
large number of possible combinations of indoor and outdoor units is
impractical to test. DOE previously granted the CITY MULTI WR2 and WY
Series and the CITY MULTI S&L Class equipment waivers on that basis.
The additional indoor models that are the subjects of this petition
would be used just as the equipment covered by the previous CITY MULTI
WR2 and WY Series waiver and the CITY MULTI S&L Class waiver, and thus
present exactly the same testing challenges.
As DOE found in its grants of the CITY MULTI WR2 and WY Series
waiver and the CITY MULTI S&L Class waiver, indoor models are not the
primary efficiency drivers for these systems; rather, the primary
efficiency drivers are the outdoor units. Mitsubishi is not requesting
a waiver for any new outdoor units. The new indoor units described
above will be combined with the outdoor unit models covered by the
prior waivers to create additional multi-split systems.
Both the CITY MULTI WR2 and WY Series waiver and the CITY MULTI S&L
Class waiver prescribed alternate test procedures pursuant to which
Mitsubishi tests and rates its WR2 and WY Series and S&L class
equipment. No changes to those alternate test procedures are needed to
cover the additional indoor units that are the subjects of Mitsubishi's
current petition. Therefore, Mitsubishi has requested that the
additional indoor units considered today be subject to the same
alternate test procedures as outlined in the CITY MULTI WR2 and WY
Series waiver and the CITY MULTI S&L Class waiver, as applicable.
DOE issues this Decision and Order granting Mitsubishi a test
procedure waiver for its additional indoor units to be used in its CITY
MULTI WR2 and
[[Page 40716]]
WY Series and CITY MULTI S&L Class multi-split heat pumps. As a
condition of this waiver, Mitsubishi must use the alternate test
procedure described below. This alternate test procedure is the same as
the one that DOE approved for Mitsubishi in its waiver decisions in
December 2009.
Alternate Test Procedure
The alternate test procedure permits Mitsubishi 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 between two
and five indoor units so that the combination can be tested in
available test facilities (for systems with nominal cooling capacities
greater than 150,000 Btu/h, however, the number of indoor units may be
as high as eight to allow testing of non-ducted indoor unit
combinations). The tested combination must be tested according to the
applicable DOE test procedures, as modified by the provisions of the
alternate test procedure as set forth below.
The alternate DOE test procedure also allows Mitsubishi to
represent the equipment's energy efficiency. These representations must
fairly disclose the test results. The DOE test procedures, as modified
by the alternate test procedure set forth in this Decision and Order,
provide 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.
For the reasons discussed above, DOE believes Mitsubishi's
additional indoor units from its CITY MULTI WR2 and WY Series and CITY
MULTI S&L Class multi-split equipment line cannot be tested using the
procedures prescribed in 10 CFR 431.96 (ISO Standard 13256-1 (1998) and
ARI Standard 340/360-2004) and incorporated by reference in DOE's
regulations at 10 CFR 431.95(b)(2)-(3).
Consultations With Other Agencies
DOE consulted with the Federal Trade Commission (FTC) staff
concerning the Mitsubishi petition for waiver. The FTC staff did not
have any objections to issuing a waiver to Mitsubishi.
Conclusion
After careful consideration of all the materials submitted by
Mitsubishi, the absence of any comments, and consultation with the FTC
staff, it is ordered that:
(1) The petition for waiver filed by Mitsubishi (Case No. CAC-030)
is hereby granted as set forth in the paragraphs below.
(2) Mitsubishi shall not be required to test or rate its additional
indoor units of its CITY MULTI WR2 and WY and CITY MULTI S&L Class
commercial package multi-split heat pumps listed below according to the
existing test procedures under Table 1 of 10 CFR 431.96, which
incorporates by reference the Air-Conditioning and Refrigeration
Institute (ARI) Standard 340/360-2004 for the air-source CITY MULTI S&L
Class equipment, and ISO Standard 13256-1998 for the water-source CITY
MULTI WR2 and WY Series equipment. Instead, it shall be required to
test and rate such equipment according to the alternate test procedure
as set forth in paragraph (3).
PCFY-Series--Ceiling Suspended, with a capacity of 15 MBtu/h.
PEFY Series--Ceiling Concealed Ducted (Low Profile), with a capacity of
15 MBtu/h.
PKFY Series--Wall Mounted, with a capacity of 15 MBtu/h.
PLFY Series--4-Way Airflow Ceiling Cassette, with a capacity of 15
MBtu/h.
The PEFY-AF Series--100% outdoor air ventilation systems (Concealed
ducted)--
PEFY-AF1200CFM/CFMR**, with a maximum outside air ventilation
capability of 1200 CFM.
The PVFY Series--Vertical air handler (Concealed ducted), with
capacities of 12/18/24/30/36/42/48/54 MBtu/h.
PWFY Series--Commercial Hot Water Heat Pump Indoor Units, with
capacities of 36/72 MBtu/h and 36 MBtu/h with booster unit.
PEFY Series--Ceiling Concealed Ducted, with capacities of 06/08/12/15/
18/24/27/30/36/48 MBtu/h.
PLFY Series--2'-by-2' frame 4-Way Airflow Ceiling Cassette, with
capacities of 8/12/15 MBtu/h.
(3) Alternate test procedure.
(A) Mitsubishi shall be required to test the basic models of CITY
MULTI WR2 and WY Series and CITY MULTI S&L Class water and air-source
outdoor units and compatible indoor units listed above and in
combination with the basic models listed in the waivers granted on
December 15, 2009 according to the test procedures for commercial
central air conditioners and heat pumps prescribed under 10 CFR 431.96,
except that Mitsubishi shall test a ``tested combination'' selected in
accordance with the provisions of subparagraph (B). For every other
system combination using the same outdoor unit as the tested
combination, Mitsubishi shall make representations concerning the WR2
and WY Series and S&L Class CITY MULTI equipment covered in this
interim waiver according to the provisions of subparagraph (C).
(B) Tested combination. The term tested combination means a sample
basic model comprised of units that are production units, or are
representative of production units, of the basic model being tested.
For the purposes of this waiver, the tested combination shall have the
following features:
(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, so that non-ducted indoor
unit combinations can also be tested.) 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
section 2.4.1 of 10 CFR Part 430, subpart B, appendix M.
(4) Representations. In making representations about the energy
efficiency of its CITY MULTI WR2 and WY Series and CITY MULTI S&L Class
multi-split heat pump products for compliance, marketing, or other
purposes, Mitsubishi must fairly disclose the results of testing under
the DOE test procedure in a manner consistent with the provisions
outlined below:
(1) For CITY MULTI WR2 and WY Series and CITY MULTI S&L Class
combinations tested in accordance with this alternate test procedure,
Mitsubishi may make representations based on these test results.
[[Page 40717]]
(2) For CITY MULTI WR2 and WY Series and CITY MULTI S&L Class
combinations that are not tested, Mitsubishi 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.
(5) 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).
(6) 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.
(7) This waiver applies only to those basic models set out in
Mitsubishi's petition for waiver.
(8) 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 July 5, 2011.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Office of Technology
Development, Energy Efficiency and Renewable Energy.
[FR Doc. 2011-17311 Filed 7-8-11; 8:45 am]
BILLING CODE 6450-01-P
