Decision and Order Granting a Waiver to LG Electronics, Inc. From the Department of Energy Commercial Package Air Conditioner and Heat Pump Test Procedures, 65707-65710 [2011-27409]

Download as PDF Federal Register / Vol. 76, No. 205 / Monday, October 24, 2011 / Notices Issued at Washington, DC on October 18, 2011. LaTanya R. Butler, Acting Deputy Committee Management Officer. [FR Doc. 2011–27435 Filed 10–21–11; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy [Case No. CAC–032] Decision and Order Granting a Waiver to LG Electronics, 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–032, which grants LG Electronics, Inc. (LG) a waiver from the existing DOE test procedures applicable to commercial package airsource and water-source central air conditioners and heat pumps. The waiver is specific to the LG Multi V SYNC II and Multi V Water II variable refrigerant flow (VRF) multi-split commercial heat pumps. As a condition of this waiver, LG must use the alternate test procedure set forth in this notice to test and rate its Multi V SYNC II and Multi V Water II VRF multi-split commercial heat pumps. DATES: This Decision and Order is effective October 24, 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, 1000 Independence Avenue, SW., Washington, DC 20585–0103, (202) 287– 6111; E-mail: 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 LG a waiver from the existing DOE commercial package air tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 15:34 Oct 21, 2011 Jkt 226001 conditioner and heat pump test procedures for its Multi V SYNC II and Multi V Water II VRF multi-split commercial equipment. The waiver requires LG to use the alternate test procedure provided in this notice to test and rate the specified models of its Multi V SYNC II and Multi V Water II VRF multi-split commercial equipment line (as identified below). Today’s decision prohibits LG 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 October 18, 2011. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. Decision and Order In the Matter of: LG Electronics, Inc. (LG) (Case No. CAC–032). 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, a program covering commercial air conditioning and heating equipment, which includes the Multi V SYNC II and Multi V Water II VRF 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)) For commercial package airconditioning and heating equipment, 1 For editorial reasons, upon codification in the U.S. Code, part C was re-designated part A–1. PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 65707 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 covered commercial equipment 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. 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 E:\FR\FM\24OCN1.SGM 24OCN1 tkelley on DSK3SPTVN1PROD with NOTICES 65708 Federal Register / Vol. 76, No. 205 / Monday, October 24, 2011 / Notices 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 April 8, 2011, LG filed a petition for waiver from the test procedure at 10 CFR 431.96 applicable to commercial package air-source and water-source central air conditioners and heat pumps, as well as an application for interim waiver. LG’s petition requested a waiver for the LG Multi V SYNC II VRF multisplit air-source heat pumps with capacities from 76,400 Btu/h to 310,000 Btu/h. The applicable test procedure for these heat pumps is ARI 340/360–2004. LG’s petition also requested a waiver for its LG Multi V Water II water-source heat pumps with capacities ranging from 72,000 Btu/h to 95,900 Btu/h. The applicable test procedure for these products is ISO Standard 13256–1 (1998). Manufacturers are directed to use these test procedures pursuant to Table 1 of 10 CFR 431.96. LG seeks a waiver from the applicable test procedures under 10 CFR 431.96 on the grounds that its Multi V SYNC II and Multi V Water II VRF multi-split commercial heat pumps contain design characteristics that prevent testing according to the current DOE test procedures. Specifically, LG asserts that the two primary factors that prevent testing of this multi-split variable speed equipment are the same factors stated in the waivers that DOE has 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 VerDate Mar<15>2010 15:34 Oct 21, 2011 Jkt 226001 (April 9, 2007) (Mitsubishi); 76 FR 19069 (April 6, 2011) (Daikin); 76 FR 19078 (April 6, 2011) (Mitsubishi). On May 23, 2011, DOE published LG’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 29733. DOE received no comments on the LG petition. Assertions and Determinations LG’s Petition for Waiver LG seeks a waiver from the applicable DOE test procedures under 10 CFR 431.96 on the grounds that its Multi V SYNC II and Multi V Water II VRF multi-split commercial heat pumps contain design characteristics that prevent them from being tested using the current DOE test procedures. As stated above, LG asserts that the two primary factors that prevent testing of multi-split variable speed equipment are the same factors that led DOE to grant waivers to other manufacturers for similar lines of commercial multi-split heat pumps: (1) Testing laboratories cannot test systems with so many indoor units; and (2) there are too many possible combinations of indoor and outdoor units to test. For reasons similar to those published in these prior notices, DOE believes that an alternate test procedure is appropriate in this instance. The Multi V SYNC II and Multi V Water II heat pump systems consist of multiple indoor units connected to an air-cooled outdoor unit. These multisplit systems are used in zoned systems where an outdoor or water-source unit can be connected with up to 16 to 64 separate indoor units, which need not be the same models. According to LG, the various indoor and outdoor models can be connected in a multitude of configurations, with millions of possible combinations. Consequently, LG requested that DOE grant a waiver from the applicable test procedures for its Multi V SYNC II and Multi V Water II VRF equipment designs until a suitable test method can be prescribed. After DOE granted a waiver for Mitsubishi’s R22 multi-split equipment, 69 FR 52660 (Aug. 27, 2004), 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- PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 Conditioning and Heat Pump Equipment.’’ This test procedure has been incorporated into ASHRAE 90.1— 2010. DOE is currently assessing ANSI/ AHRI 1230–2010 in light of 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. LG’s petition proposed that DOE apply the same alternate test procedure DOE approved in the previous waiver decisions to its Multi V SYNC II and Multi V Water II VRF multi-split commercial heat pumps as a condition of its requested waiver. As stated above, DOE has not received any comments regarding the LG petition. DOE issues today’s Decision and Order granting LG a test procedure waiver for its commercial Multi V SYNC II and Multi V Water II VRF multi-split commercial heat pumps. As a condition of this waiver, LG must use the alternate test procedure described below. Alternate Test Procedure The alternate test procedure prescribed by DOE in previous multisplit commercial heat pump waivers, including the interim waiver granted to LG in response to the current petition, consists 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 alternate test procedure prescribed by DOE in previous multisplit commercial heat pump waivers 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. Under AHRI 1230, multisplit manufacturers must test two or more combinations of indoor units with each outdoor unit. The first system combination is tested using only nonducted 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 E:\FR\FM\24OCN1.SGM 24OCN1 tkelley on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 205 / Monday, October 24, 2011 / Notices 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 equipment, some of the difficulties associated with the existing DOE test procedure are avoided through the alternate test procedure’s requirements for choosing the indoor units to be used in the manufacturerspecified tested combination. For example, in addition to limiting the number of indoor units, another requirement is that all the indoor units must be subject to the same minimum external static pressure. This requirement enables the test laboratory to manifold the outlets from each indoor unit into a common plenum that supplies air to a single airflow measuring apparatus, thereby eliminating situations in which some of the indoor units are ducted and some are non-ducted. Without this requirement, the laboratory would have to evaluate the capacity of a subgroup of indoor coils separately 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 LG’s Multi V SYNC II and Multi V Water II VRF multi-split commercial heat pumps cannot be tested using the procedures prescribed in 10 CFR 431.96. After careful consideration, DOE has decided to prescribe ANSI/AHRI 1230–2010 as the alternate test procedure for LG’s commercial multi-split products with cooling capacities less than or equal to 300,000 Btu/hr (the maximum size covered by ANSI/AHRI 1230–2010) and the alternate test procedure specified in LG’s interim waiver for its multi-split commercial heat pumps with cooling VerDate Mar<15>2010 15:34 Oct 21, 2011 Jkt 226001 capacity greater than 300,000 Btu/hr,2 except that tests of both ducted and non-ducted indoor units must now be conducted. Consultations With Other Agencies DOE consulted with the Federal Trade Commission (FTC) staff concerning the LG petition for waiver. The FTC staff did not have any objections to issuing a waiver to LG. Conclusion After careful consideration of all the materials submitted by LG, the absence of any comments, and consultation with the FTC staff, it is ordered that: (1) The petition for waiver filed by LG (Case No. CAC–032) is hereby granted as set forth in the paragraphs below. (2) LG shall not be required to test or rate its Multi V SYNC II and Multi V Water II VRF multi-split commercial heat pump models listed below according to the test procedures cited in 10 CFR 431.96, which incorporates by reference ARI 340/360–2004 for the Multi V SYNC II air-source equipment and ISO Standard 13256–1 (1998) for the Multi V Water II water-source equipment. Instead, LG shall be required to test and rate such equipment according to the alternate test procedure as set forth in paragraph (3). Multi V Series Air-Source Heat Pumps Heat Recovery Units: SYNC II 3; 460V 60 Hz models: ARUB076DT2, ARUB096DT2, ARUB115DT2, ARUB134DT2, ARUB154DT2, ARUB173DT2, ARUB192DT2, ARUB211DT2, ARUB230DT2, ARUB250DT2, ARUB270DT2, ARUB290DT2, ARUB310DT2, with normally rated cooling capacities of 76,400, 95,900, 114,700, 133,800, 152,900, 172,000, 191,100, 211,000, 230,000, 250,000, 270,000, 290,000, and 310,000 Btu/h, respectively. The maximum number of connectable indoor units is 13, 16, 20, 23, 26, 29, 32, 35, 39, 42, 49, and 52, respectively. Multi V Series Water-Source Heat Pumps Water-Source Units: Water II 3; 460V 60 Hz model: ARWN096DA2 with nominally rated cooling capacity of 95,900 Btu/h. The maximum number of connectable indoor units is 16. Water II 3; 208/230V 60 Hz model: ARWN072BA2 with nominally rated cooling capacity of 72,000 Btu/h. The maximum number of connectable indoor units is 16. Water II Heat Recovery 3; 208/230V 60 Hz model: ARWB072BA2 with nominally rated cooling capacity of 72,000 Btu/h. The maximum number of connectable indoor units is 16. Water II Heat Recovery 3; 460V 60 Hz model: ARWB096DA2 with nominally rated 2 There is no technical justification for the 300,000 Btu/hr limit, which was simply the largest multi-split capacity at the time ANSI/AHRI 1230 was drafted. PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 65709 cooling capacity of 95,900 Btu/h. The maximum number of connectable indoor units is 16. Compatible indoor units for the abovelisted air-source and water-source units: Wall Mounted: ARNU073SEL2, ARNU093SEL2, ARNU123SEL2, ARNU153SEL2, ARNU183S5L2, and ARNU243S5L2, with nominally rated cooling capacities of 7,500, 9,600, 12,300, 15,400, 19,100, and 24,200 Btu/h, respectively. Art Cool Mirror: ARNU073SE*2, ARNU093SE*2, ARNU123SE*2, ARNU153SE*2, ARNU183S3*2, and ARNU243S3*2, with nominally rated cooling capacities of 7,500, 9,600, 12,300, 15,400, 19,100, and 24,200 Btu/h, respectively. 4 Way Cassette: ARNU073TEC2, ARNU093TEC2, ARNU123TEC2, ARNU153TEC2, ARNU183TEC2, ARNU243TPC2, ARNU283TPC2, ARNU363TNC2, ARNU423TMC2, and ARNU483TMC2, with nominally rated cooling capacities of 7,500, 9,600, 12,300, 15,400, 19,100, 24,200, 28,000, 36,200, 42,000, and 48,100 Btu/h, respectively. 2 Way Cassette: ARNU183TLC2 and ARNU243TLC2, with nominally rated capacities of 19,100 and 24,200 Btu/h, respectively. 1 Way Cassette: ARNU073TJC2, ARNU093TJC2, and ARNU123TJC2, with nominally rated capacities of 7,500, 9,600, and 12,300 Btu/h, respectively. Ceiling Concealed Duct—Low Static: ARNU073B1G2, RNU093B1G2, ARNU123B1G2, ARNU153B1G2, ARNU183B2G2, and ARNU243B2G2, with nominally rated capacities of 7,500, 9,600, 12,300, 15,400, 19,100, and 24,200 Btu/h, respectively. Ceiling Concealed Duct—Built-in: ARNU073B3G2, ARNU093B3G2, ARNU123B3G2, ARNU153B3G2, ARNU183B4G2, and ARNU243B4G2, with nominally rated capacities of 7,500, 9,600, 12,300, 15,400, 19,100, and 24,200 Btu/h, respectively. Ceiling Concealed Duct—High Static: ARNU073BHA2, ARNU093BHA2, ARNU123BHA2, ARNU153BHA2, ARNU183BHA2, ARNU243BHA2, ARNU283BGA2, ARNU363BGA2, ARNU423BGA2, ARNU483BRA2, URNU763B8A2, and URNU963B8A2, with nominally rated capacities of 7,500, 9,600, 12,300, 15,400, 19,100, 24,200, 28,000, 36,200, 42,000, 48,100, 76,400, and 95,500 Btu/h, respectively. Ceiling & Floor: ARNU093VEA2 and ARNU123VEA2, with nominally rated capacities of 9,600 and 12,300 Btu/h, respectively. Ceiling Suspended: ARNU183VJA2 and ARNU243VJA2, with nominally rated capacities of 19,100 and 24,200 Btu/h, respectively. Floor Standing with Case: ARNU073CEA2, ARNU093CEA2, ARNU123CEA2, ARNU153CEA2, ARNU183CFA2, and ARNU243CFA2, with nominally rated capacities of 7,500, 9,600, 12,300, 15,400, 19,100, and 24,200 Btu/h, respectively. Floor Standing without Case: ARNU073CEU2, ARNU093CEU2, ARNU123CEU2, ARNU153CEU2, E:\FR\FM\24OCN1.SGM 24OCN1 65710 Federal Register / Vol. 76, No. 205 / Monday, October 24, 2011 / Notices tkelley on DSK3SPTVN1PROD with NOTICES ARNU183CFU2, and ARNU243CFU2, with nominally rated capacities of 7,500, 9,600, 12,300, 15,400, 19,100, and 24,200 Btu/h, respectively. Vertical Air Handler: ARNU183NJA2, ARNU243NJA2, ARNU303NJA2, ARNU363NJA2, ARNU423NKA2, ARNU483NKA2, and ARNU543NKA2, with nominally rated capacities of 18,000, 24,000, 30,000, 36,000, 42,100, 48,000 and 54,000 Btu/h, respectively. (3) Alternate test procedure. (A) LG shall be required to test the equipment with cooling capacities of 300,000 Btu/h and below listed in paragraph (2) above according to the test procedure prescribed in ANSI/AHRI 1230–2010. (B) LG shall be required to test the equipment listed in paragraph (2) above with cooling capacities above 300,000 Btu/h according to the test procedures for commercial central air conditioners and heat pumps prescribed by DOE at 10 CFR 431.96, except that LG shall test each model of outdoor unit with two or more combinations of indoor units. The first system combination shall be tested using only non-ducted indoor units that meet the definition of a tested combination, as set forth in paragraph C. The second system combination shall be tested using only ducted indoor units that meet the definition of a tested combination, as set forth in paragraph C. LG shall make representations concerning the Multi V SYNC II and Multi V Water II VRF multi-split heat pump equipment covered in this waiver according to the provisions of subparagraph (D). (C) 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 as to be able to test non-ducted indoor unit combinations). For multi-split systems, each of these indoor units shall be designed for individual operation. (2) The indoor units shall— (i) Represent the highest sales model family or another indoor model family if the highest sales model family does not provide sufficient capacity (see ii); (ii) Together, have a nominal cooling capacity that is between 95% and 105% VerDate Mar<15>2010 15:34 Oct 21, 2011 Jkt 226001 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. (D) Representations. In making representations about the energy efficiency of its Multi V SYNC II and Multi V Water II VRF multi-split commercial heat pumps, for compliance, marketing, or other purposes, LG must fairly disclose the results of testing under the DOE test procedure in a manner consistent with the provisions outlined below: (i) For Multi V SYNC II and Multi V Water II VRF multi-split combinations tested in accordance with this alternate test procedure, LG may make representations based on those test results. (ii) For Multi V SYNC II and Multi V Water II VRF multi-split combinations that are not tested, LG may make representations based on the testing results for the tested combination and that are consistent with one of the following methods: (a) Rating of non-tested combinations according to an alternative rating method approved by DOE. (b) Rating of non-tested combinations having the same outdoor unit and all non-ducted indoor units shall be set equal to the rating of the tested system having all non-ducted indoor units. (c) Rating of non-tested combinations having the same outdoor unit and all ducted indoor units shall be set equal to the rating of the tested system having all ducted indoor units. To be considered a ducted unit, the indoor unit must be intended to be connected with ductwork and have a rated external static pressure capability greater than zero (0). (d) Rating of non-tested combinations having the same outdoor unit and a mix of non-ducted and ducted indoor units shall be set equal to the average of the ratings for the two required tested combinations. (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 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 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 LG’s petition for waiver. (7) 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 October 18, 2011. Kathleen B. Hogan, Deputy Assistant Secretary, Energy Efficiency and Renewable Energy. [FR Doc. 2011–27409 Filed 10–21–11; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy [Case No. CAC–037] Decision and Order Amending Waivers Granted 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–037, which amends the current waivers applicable to Mitsubishi’s S&L Class and WR2 and WY Series products to require the use of Air-conditioning, Heating and Refrigeration Institute 1230 (AHRI) as the alternative test procedure. DATES: This Decision and Order is effective October 24, 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 the General Counsel, Mail Stop GC–71, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585–0103. Telephone: (202) 586–7796. E-mail: mailto:Elizabeth.Kohl@hq.doe.gov. SUMMARY: E:\FR\FM\24OCN1.SGM 24OCN1

Agencies

[Federal Register Volume 76, Number 205 (Monday, October 24, 2011)]
[Notices]
[Pages 65707-65710]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27409]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. CAC-032]


Decision and Order Granting a Waiver to LG Electronics, 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-032, which grants LG Electronics, 
Inc. (LG) 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 the LG Multi V SYNC II and 
Multi V Water II variable refrigerant flow (VRF) multi-split commercial 
heat pumps. As a condition of this waiver, LG must use the alternate 
test procedure set forth in this notice to test and rate its Multi V 
SYNC II and Multi V Water II VRF multi-split commercial heat pumps.

DATES: This Decision and Order is effective October 24, 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, 1000 Independence Avenue, SW., 
Washington, DC 20585-0103, (202) 287-6111; E-mail: 
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 LG a waiver from the existing DOE 
commercial package air conditioner and heat pump test procedures for 
its Multi V SYNC II and Multi V Water II VRF multi-split commercial 
equipment. The waiver requires LG to use the alternate test procedure 
provided in this notice to test and rate the specified models of its 
Multi V SYNC II and Multi V Water II VRF multi-split commercial 
equipment line (as identified below).
    Today's decision prohibits LG 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 October 18, 2011.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Decision and Order

    In the Matter of: LG Electronics, Inc. (LG) (Case No. CAC-032).

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, a program 
covering commercial air conditioning and heating equipment, which 
includes the Multi V SYNC II and Multi V Water II VRF 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))
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
part C was re-designated part A-1.
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    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 covered commercial equipment 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. 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

[[Page 65708]]

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 April 8, 2011, LG filed a petition for waiver from the test 
procedure at 10 CFR 431.96 applicable to commercial package air-source 
and water-source central air conditioners and heat pumps, as well as an 
application for interim waiver. LG's petition requested a waiver for 
the LG Multi V SYNC II VRF multi-split air-source heat pumps with 
capacities from 76,400 Btu/h to 310,000 Btu/h. The applicable test 
procedure for these heat pumps is ARI 340/360-2004. LG's petition also 
requested a waiver for its LG Multi V Water II water-source heat pumps 
with capacities ranging from 72,000 Btu/h to 95,900 Btu/h. The 
applicable test procedure for these products is ISO Standard 13256-1 
(1998). Manufacturers are directed to use these test procedures 
pursuant to Table 1 of 10 CFR 431.96.
    LG seeks a waiver from the applicable test procedures under 10 CFR 
431.96 on the grounds that its Multi V SYNC II and Multi V Water II VRF 
multi-split commercial heat pumps contain design characteristics that 
prevent testing according to the current DOE test procedures. 
Specifically, LG asserts that the two primary factors that prevent 
testing of this multi-split variable speed equipment are the same 
factors stated in the waivers that DOE has 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) (Daikin); 76 FR 19078 (April 
6, 2011) (Mitsubishi).
    On May 23, 2011, DOE published LG'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 29733. DOE received no comments on the LG petition.

Assertions and Determinations

LG's Petition for Waiver
    LG seeks a waiver from the applicable DOE test procedures under 10 
CFR 431.96 on the grounds that its Multi V SYNC II and Multi V Water II 
VRF multi-split commercial heat pumps contain design characteristics 
that prevent them from being tested using the current DOE test 
procedures. As stated above, LG asserts that the two primary factors 
that prevent testing of multi-split variable speed equipment are the 
same factors that led DOE to grant waivers to other manufacturers for 
similar lines of commercial multi-split heat pumps: (1) Testing 
laboratories cannot test systems with so many indoor units; and (2) 
there are too many possible combinations of indoor and outdoor units to 
test. For reasons similar to those published in these prior notices, 
DOE believes that an alternate test procedure is appropriate in this 
instance.
    The Multi V SYNC II and Multi V Water II heat pump systems consist 
of multiple indoor units connected to an air-cooled outdoor unit. These 
multi-split systems are used in zoned systems where an outdoor or 
water-source unit can be connected with up to 16 to 64 separate indoor 
units, which need not be the same models. According to LG, the various 
indoor and outdoor models can be connected in a multitude of 
configurations, with millions of possible combinations. Consequently, 
LG requested that DOE grant a waiver from the applicable test 
procedures for its Multi V SYNC II and Multi V Water II VRF equipment 
designs until a suitable test method can be prescribed.
    After DOE granted a waiver for Mitsubishi's R22 multi-split 
equipment, 69 FR 52660 (Aug. 27, 2004), 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 ANSI/AHRI 1230-2010 in light of 
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.
    LG's petition proposed that DOE apply the same alternate test 
procedure DOE approved in the previous waiver decisions to its Multi V 
SYNC II and Multi V Water II VRF multi-split commercial heat pumps as a 
condition of its requested waiver. As stated above, DOE has not 
received any comments regarding the LG petition.
    DOE issues today's Decision and Order granting LG a test procedure 
waiver for its commercial Multi V SYNC II and Multi V Water II VRF 
multi-split commercial heat pumps. As a condition of this waiver, LG 
must use the alternate test procedure described below.
Alternate Test Procedure
    The alternate test procedure prescribed by DOE in previous multi-
split commercial heat pump waivers, including the interim waiver 
granted to LG in response to the current petition, consists 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 alternate test procedure prescribed by DOE in previous multi-
split commercial heat pump waivers 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. Under AHRI 1230, 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

[[Page 65709]]

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 equipment, some 
of the difficulties associated with the existing DOE test procedure are 
avoided through 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 
subject to the same minimum external static pressure. This requirement 
enables the test laboratory to manifold the outlets from each indoor 
unit into a common plenum that supplies air to a single airflow 
measuring apparatus, thereby eliminating situations in which some of 
the indoor units are ducted and some are non-ducted. Without this 
requirement, the laboratory would have to evaluate the capacity of a 
subgroup of indoor coils separately 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 LG's Multi V SYNC II 
and Multi V Water II VRF multi-split commercial heat pumps cannot be 
tested using the procedures prescribed in 10 CFR 431.96. After careful 
consideration, DOE has decided to prescribe ANSI/AHRI 1230-2010 as the 
alternate test procedure for LG's commercial multi-split products with 
cooling capacities less than or equal to 300,000 Btu/hr (the maximum 
size covered by ANSI/AHRI 1230-2010) and the alternate test procedure 
specified in LG's interim waiver for its multi-split commercial heat 
pumps with cooling capacity greater than 300,000 Btu/hr,\2\ except that 
tests of both ducted and non-ducted indoor units must now be conducted.
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    \2\ There is no technical justification for the 300,000 Btu/hr 
limit, which was simply the largest multi-split capacity at the time 
ANSI/AHRI 1230 was drafted.
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Consultations With Other Agencies
    DOE consulted with the Federal Trade Commission (FTC) staff 
concerning the LG petition for waiver. The FTC staff did not have any 
objections to issuing a waiver to LG.

Conclusion

    After careful consideration of all the materials submitted by LG, 
the absence of any comments, and consultation with the FTC staff, it is 
ordered that:
    (1) The petition for waiver filed by LG (Case No. CAC-032) is 
hereby granted as set forth in the paragraphs below.
    (2) LG shall not be required to test or rate its Multi V SYNC II 
and Multi V Water II VRF multi-split commercial heat pump models listed 
below according to the test procedures cited in 10 CFR 431.96, which 
incorporates by reference ARI 340/360-2004 for the Multi V SYNC II air-
source equipment and ISO Standard 13256-1 (1998) for the Multi V Water 
II water-source equipment. Instead, LG shall be required to test and 
rate such equipment according to the alternate test procedure as set 
forth in paragraph (3).
    Multi V Series Air-Source Heat Pumps Heat Recovery Units:

    SYNC II 3[Oslash] 460V 60 Hz models: ARUB076DT2, ARUB096DT2, 
ARUB115DT2, ARUB134DT2, ARUB154DT2, ARUB173DT2, ARUB192DT2, 
ARUB211DT2, ARUB230DT2, ARUB250DT2, ARUB270DT2, ARUB290DT2, 
ARUB310DT2, with normally rated cooling capacities of 76,400, 
95,900, 114,700, 133,800, 152,900, 172,000, 191,100, 211,000, 
230,000, 250,000, 270,000, 290,000, and 310,000 Btu/h, respectively. 
The maximum number of connectable indoor units is 13, 16, 20, 23, 
26, 29, 32, 35, 39, 42, 49, and 52, respectively.

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

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

    Compatible indoor units for the above-listed air-source and 
water-source units:
    Wall Mounted: ARNU073SEL2, ARNU093SEL2, ARNU123SEL2, 
ARNU153SEL2, ARNU183S5L2, and ARNU243S5L2, with nominally rated 
cooling capacities of 7,500, 9,600, 12,300, 15,400, 19,100, and 
24,200 Btu/h, respectively.
    Art Cool Mirror: ARNU073SE*2, ARNU093SE*2, ARNU123SE*2, 
ARNU153SE*2, ARNU183S3*2, and ARNU243S3*2, with nominally rated 
cooling capacities of 7,500, 9,600, 12,300, 15,400, 19,100, and 
24,200 Btu/h, respectively.
    4 Way Cassette: ARNU073TEC2, ARNU093TEC2, ARNU123TEC2, 
ARNU153TEC2, ARNU183TEC2, ARNU243TPC2, ARNU283TPC2, ARNU363TNC2, 
ARNU423TMC2, and ARNU483TMC2, with nominally rated cooling 
capacities of 7,500, 9,600, 12,300, 15,400, 19,100, 24,200, 28,000, 
36,200, 42,000, and 48,100 Btu/h, respectively.
    2 Way Cassette: ARNU183TLC2 and ARNU243TLC2, with nominally 
rated capacities of 19,100 and 24,200 Btu/h, respectively.
    1 Way Cassette: ARNU073TJC2, ARNU093TJC2, and ARNU123TJC2, with 
nominally rated capacities of 7,500, 9,600, and 12,300 Btu/h, 
respectively.
    Ceiling Concealed Duct--Low Static: ARNU073B1G2, RNU093B1G2, 
ARNU123B1G2, ARNU153B1G2, ARNU183B2G2, and ARNU243B2G2, with 
nominally rated capacities of 7,500, 9,600, 12,300, 15,400, 19,100, 
and 24,200 Btu/h, respectively.
    Ceiling Concealed Duct--Built-in: ARNU073B3G2, ARNU093B3G2, 
ARNU123B3G2, ARNU153B3G2, ARNU183B4G2, and ARNU243B4G2, with 
nominally rated capacities of 7,500, 9,600, 12,300, 15,400, 19,100, 
and 24,200 Btu/h, respectively.
    Ceiling Concealed Duct--High Static: ARNU073BHA2, ARNU093BHA2, 
ARNU123BHA2, ARNU153BHA2, ARNU183BHA2, ARNU243BHA2, ARNU283BGA2, 
ARNU363BGA2, ARNU423BGA2, ARNU483BRA2, URNU763B8A2, and URNU963B8A2, 
with nominally rated capacities of 7,500, 9,600, 12,300, 15,400, 
19,100, 24,200, 28,000, 36,200, 42,000, 48,100, 76,400, and 95,500 
Btu/h, respectively.
    Ceiling & Floor: ARNU093VEA2 and ARNU123VEA2, with nominally 
rated capacities of 9,600 and 12,300 Btu/h, respectively.
    Ceiling Suspended: ARNU183VJA2 and ARNU243VJA2, with nominally 
rated capacities of 19,100 and 24,200 Btu/h, respectively.
    Floor Standing with Case: ARNU073CEA2, ARNU093CEA2, ARNU123CEA2, 
ARNU153CEA2, ARNU183CFA2, and ARNU243CFA2, with nominally rated 
capacities of 7,500, 9,600, 12,300, 15,400, 19,100, and 24,200 Btu/
h, respectively.
    Floor Standing without Case: ARNU073CEU2, ARNU093CEU2, 
ARNU123CEU2, ARNU153CEU2,

[[Page 65710]]

ARNU183CFU2, and ARNU243CFU2, with nominally rated capacities of 
7,500, 9,600, 12,300, 15,400, 19,100, and 24,200 Btu/h, 
respectively.
    Vertical Air Handler: ARNU183NJA2, ARNU243NJA2, ARNU303NJA2, 
ARNU363NJA2, ARNU423NKA2, ARNU483NKA2, and ARNU543NKA2, with 
nominally rated capacities of 18,000, 24,000, 30,000, 36,000, 
42,100, 48,000 and 54,000 Btu/h, respectively.

    (3) Alternate test procedure.
    (A) LG shall be required to test the equipment with cooling 
capacities of 300,000 Btu/h and below listed in paragraph (2) above 
according to the test procedure prescribed in ANSI/AHRI 1230-2010.
    (B) LG shall be required to test the equipment listed in paragraph 
(2) above with cooling capacities above 300,000 Btu/h according to the 
test procedures for commercial central air conditioners and heat pumps 
prescribed by DOE at 10 CFR 431.96, except that LG shall test each 
model of outdoor unit with two or more combinations of indoor units. 
The first system combination shall be tested using only non-ducted 
indoor units that meet the definition of a tested combination, as set 
forth in paragraph C. The second system combination shall be tested 
using only ducted indoor units that meet the definition of a tested 
combination, as set forth in paragraph C. LG shall make representations 
concerning the Multi V SYNC II and Multi V Water II VRF multi-split 
heat pump equipment covered in this waiver according to the provisions 
of subparagraph (D).
    (C) 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 as to be able to test 
non-ducted indoor unit combinations). For multi-split systems, each of 
these indoor units shall be designed for individual operation.
    (2) The indoor units shall--
    (i) Represent the highest sales model family or another indoor 
model family if the highest sales model family does not provide 
sufficient capacity (see ii);
    (ii) Together, have a nominal cooling capacity that is between 95% 
and 105% of the nominal cooling capacity of the outdoor unit;
    (iii) Not, individually, have a nominal cooling capacity that is 
greater than 50% of the nominal cooling capacity of the outdoor unit;
    (iv) Operate at fan speeds that are consistent with the 
manufacturer's specifications; and
    (v) Be subject to the same minimum external static pressure 
requirement while being configurable to produce the same static 
pressure at the exit of each outlet plenum when manifolded as per 
section 2.4.1 of 10 CFR Part 430, subpart B, appendix M.
    (D) Representations. In making representations about the energy 
efficiency of its Multi V SYNC II and Multi V Water II VRF multi-split 
commercial heat pumps, for compliance, marketing, or other purposes, LG 
must fairly disclose the results of testing under the DOE test 
procedure in a manner consistent with the provisions outlined below:
    (i) For Multi V SYNC II and Multi V Water II VRF multi-split 
combinations tested in accordance with this alternate test procedure, 
LG may make representations based on those test results.
    (ii) For Multi V SYNC II and Multi V Water II VRF multi-split 
combinations that are not tested, LG may make representations based on 
the testing results for the tested combination and that are consistent 
with one of the following methods:
    (a) Rating of non-tested combinations according to an alternative 
rating method approved by DOE.
    (b) Rating of non-tested combinations having the same outdoor unit 
and all non-ducted indoor units shall be set equal to the rating of the 
tested system having all non-ducted indoor units.
    (c) Rating of non-tested combinations having the same outdoor unit 
and all ducted indoor units shall be set equal to the rating of the 
tested system having all ducted indoor units. To be considered a ducted 
unit, the indoor unit must be intended to be connected with ductwork 
and have a rated external static pressure capability greater than zero 
(0).
    (d) Rating of non-tested combinations having the same outdoor unit 
and a mix of non-ducted and ducted indoor units shall be set equal to 
the average of the ratings for the two required tested combinations.
    (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 LG's 
petition for waiver.
    (7) 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 October 18, 2011.
Kathleen B. Hogan,
Deputy Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 2011-27409 Filed 10-21-11; 8:45 am]
BILLING CODE 6450-01-P