Decision and Order Granting a Waiver Granted to Samsung Electronics America, Inc. From the Department of Energy Commercial Package Air Conditioner and Heat Pump Test Procedures, 68755-68757 [2012-27919]
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Federal Register / Vol. 77, No. 222 / Friday, November 16, 2012 / Notices
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. CAC–038]
Decision and Order Granting a Waiver
Granted to Samsung Electronics
America, 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:
The U.S. Department of
Energy (DOE) gives notice of the
decision and order (Case No. CAC–038)
that grants Samsung Electronics
America, Inc. (Samsung) a waiver from
the DOE commercial package air-source
central air conditioners and heat pumps
test procedures for determining the
energy consumption set forth in its
petition for waiver. Under today’s
decision and order, Samsung shall be
required to test and rate its variable
capacity Digital Variable Multi (DVM)
(commercial) multi-split heat pumps
with cooling capacities ranging from
72,000 Btu/h to 120,000 Btu/h, as
specified in its petition using American
National Standards Institute (ANSI)/Airconditioning, Heating and Refrigeration
Institute (AHRI) Standard 1230, as
adopted in DOE’s final rule dated May
16, 2012.
DATES: This Decision and Order is
effective November 16, 2012 through
May 12, 2013.
FOR FURTHER INFORMATION CONTACT: Mr.
Bryan Berringer, U.S. Department of
Energy, Building Technologies Program,
Mailstop EE–2J, 1000 Independence
Avenue SW., Washington, DC 20585–
0121. Telephone: (202) 586–0371.
Email: Bryan.Berringer@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: Jennifer.Tiedeman@hq.doe.gov.
SUPPLEMENTARY INFORMATION: DOE
issues notice of this Decision and Order
in accordance with Title 10 of the Code
of Federal Regulations (10 CFR)
431.401(f)(4). In this Decision and
Order, DOE grants Samsung a waiver for
the variable capacity DVM (commercial)
multi-split heat pump equipment
specified in its waiver submitted on
October 17, 2011. Samsung must test
and rate this equipment using ANSI/
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
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AHRI 1230, as adopted in DOE’s final
rule dated May 16, 2012 (77 FR 28928),
as the alternative test procedure. DOE’s
final rule specifies use of ANSI/AHRI
1230, but omits sections 5.1.2 and 6.6.
Today’s decision requires Samsung to
make representations concerning the
energy efficiency of this equipment
consistent with the provisions and
restrictions of the alternate test
procedure in the Decision and Order
below, and the representations must
fairly disclose the test results. (42 U.S.C.
6314(d)) The same standard applies to
distributors, retailers, and private
labelers when making representations of
the energy efficiency of this equipment.
Issued in Washington, DC, on November 9,
2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
Decision and Order
In the Matter of: Samsung Electronics
America, Inc. (Samsung) (Case No.
CAC–038).
I. Background and Authority
Title III, Part C of the Energy Policy
and Conservation Act of 1975 (EPCA),
Public Law 94–163 (42 U.S.C. 6311–
6317), established the Energy
Conservation Program for certain
industrial equipment, which includes
commercial air conditioning equipment,
the focus of this decision and order.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
1 For editorial reasons, upon codification in the
U.S. Code, Part C was re-designated Part A–1.
PO 00000
Frm 00025
Fmt 4703
Sfmt 4703
68755
U.S.C. 6314(a)(4)(A)) 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). (42 U.S.C.
6314(a)(4)(B))
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 commercial package airsource 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
according to the provisions of 10 CFR
431.401(g).
On October 17, 2011, Samsung
submitted a petition for waiver from the
DOE test procedure applicable to
commercial package air-source and
water-source central air conditioners
and heat pumps set forth in 10 CFR
431.96. Samsung requested the waiver
for the specified basic model of
Samsung’s variable capacity Digital
Variable Multi (DVM) (commercial)
multi-split heat pumps with cooling
capacities ranging from 72,000 Btu/h to
E:\FR\FM\16NON1.SGM
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68756
Federal Register / Vol. 77, No. 222 / Friday, November 16, 2012 / Notices
120,000 Btu/h. The applicable test
procedure for these heat pumps is ARI
340/360–2004. Manufacturers are
directed to use these test procedures
pursuant to Table 1 of 10 CFR 431.96.
Samsung seeks a waiver from the
applicable test procedures under 10 CFR
431.96 on the grounds that its DVM
multi-split heat pumps contain design
characteristics that prevent testing
according to the current DOE test
procedures. Samsung requested that
DOE allow it to test and rate its DVM
multi-split heat pumps with cooling
capacities ranging from 72,000 Btu/h to
120,000 Btu/h according to the
American National Standards Institute
(ANSI)/Air-conditioning, Heating and
Refrigeration Institute (AHRI) Standard
1230–2010: Performance Rating of
Variable Refrigerant Flow (VRF) MultiSplit Air-Conditioning and Heat Pump
Equipment (AHRI 1230).
On May 16, 2012, DOE published a
final rule (77 FR 28928) adopting certain
revised efficiency standards and test
procedures provided in American
Society of Heating, Refrigerating, and
Air-Conditioning Engineers (ASHRAE)
Standard 90.1–2010 (ASHRAE final
rule). The ASHRAE final rule
incorporated by reference ANSI/AHRI
1230–2010 but it omits sections 5.1.2
and 6.6 for the products addressed in
this waiver request. The rule was
effective on July 16, 2012 and requires
use of the test procedure on or after May
13, 2013. This decision and order (D&O)
requires Samsung to use ANSI/AHRI
1230–2010 as addressed in the DOE’s
May 16, 2012 final rule (77 FR 28928)
to test and rate specified models in
order to be consistent with future test
procedure requirements.
II. Samsung’s Petition for Waiver:
Assertions and Determinations
In its October 17, 2011 petition,
Samsung seeks a waiver from the
applicable test procedures under 10 CFR
431.96 on the grounds that its DVM
multi-split heat pumps contain design
characteristics that prevent testing
according to the current DOE test
procedures. Specifically, Samsung
asserts that the two primary factors that
prevent testing of its DVM multi-split
variable speed products are the same
factors stated in the waivers that DOE
granted to Mitsubishi Electric &
Electronics America USA, Inc.
(Mitsubishi) and other manufacturers
for similar lines of commercial multisplit 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); 76 FR 31951 (June 2,
2011) (Carrier); 76 FR 50204 (August 12,
2011) (Fujitsu General Limited); 76 FR
65710 (October 24, 2011) (Mitsubishi).
The DVM systems have operational
characteristics similar to the commercial
multi-split products manufactured by
other manufacturers. As indicated
above, DOE has already granted waivers
for these products. The DVM system
consists of multiple indoor units
connected to an air-cooled outdoor unit.
These multi-splits are used in zoned
systems where an outdoor or watersource unit can be connected with up to
10 separate indoor units, which need
not be the same models. According to
Samsung, the various indoor and
outdoor models can be connected in a
multitude of configurations, with many
thousands of possible combinations.
Consequently, Samsung requested that
DOE grant a waiver from the applicable
test procedures for its DVM product
designs until a suitable test method can
be prescribed.
For the reasons discussed above, and
because DOE prescribed ANSI/AHRI
1230 as the alternate test procedure in
waivers granted to other manufacturers
(including the grant of Samsung’s
interim waiver request (76 FR 80916,
Dec. 27, 2011), DOE determined that the
equipment specified in Samsung’s
October 17, 2011 petition contains
design characteristics that prevent
testing according to the DOE test
procedure, and that allowing Samsung
to use as an alternate test procedure
ANSI/AHRI 1230, as adopted in DOE’s
final rule dated May 16, 2012 (77 FR
28928), addresses these testing
difficulties.
Consultations With Other Agencies
DOE consulted with the Federal Trade
Commission (FTC) staff concerning the
Samsung petition for waiver. The FTC
staff did not have any objections to
granting a waiver to Samsung.
III. Conclusion
After careful consideration of all the
material that was submitted by Samsung
and consultation with the FTC staff, it
is ordered that:
(1) The petition for waiver submitted
by the Samsung (Case No. CAC–038) is
hereby granted as set forth in the
paragraphs below.
(2) Samsung shall be required to test
and rate the following basic model
groups according to the alternate test
procedure set forth in paragraph (3) of
this section.
Cooling/heating
[Btu/h]
Type
Model
Description
Outdoor Unit ..........................
RVXVHT075FE .....................
RVXVHT100FE .....................
RVXVHT125FE .....................
RD075VRXFA .......................
RD100VRXFA .......................
RD125VRXFA .......................
AVXCMH032CE ....................
AVXCMH040CE ....................
AVXCMH052CE ....................
AVXCMH060CE ....................
AVXC4H052CE .....................
AVXC4H072CE .....................
AVXC4H100CE .....................
AVXC4H110CE .....................
AVXC4H145CE .....................
AVXDSH020CE .....................
AVXDSH032CE .....................
AVXDSH040CE .....................
AVXDSH052CE .....................
AVXDSH072CE .....................
Condensing unit heat pump ..................................................
Condensing unit heat pump ..................................................
Condensing unit heat pump ..................................................
Condensing unit heat pump ..................................................
Condensing unit heat pump ..................................................
Condensing unit heat pump ..................................................
4-Way Ceiling Cassette Heat pump ......................................
4-Way Ceiling Cassette Heat pump ......................................
4-Way Ceiling Cassette Heat pump ......................................
4-Way Ceiling Cassette Heat pump ......................................
4-Way Ceiling Cassette Heat pump ......................................
4-Way Ceiling Cassette Heat pump ......................................
4-Way Ceiling Cassette Heat pump ......................................
4-Way Ceiling Cassette Heat pump ......................................
4-Way Ceiling Cassette Heat pump ......................................
Built-in Slim Duct (Low pressure) ..........................................
Built-in Slim Duct (Low pressure) ..........................................
Built-in Slim Duct (Low pressure) ..........................................
Built-in Slim Duct (Low pressure) ..........................................
Built-in Slim Duct (Low pressure) ..........................................
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Indoor Unit .............................
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E:\FR\FM\16NON1.SGM
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72,000/81,000
96,000/108,000
120,000/135,000
72,000/81,000
96,000/108,000
120,000/135,000
9,500/10,500
12,000/13,500
18,000/20,000
20,000/23,000
18,000/20,000
24,000/27,000
30,000/34,000
36,000/40,000
48,000/54,000
6,000/7,000
9,500/10,500
12,000/13,500
18,000/20,000
24,000/27,000
68757
Federal Register / Vol. 77, No. 222 / Friday, November 16, 2012 / Notices
Cooling/heating
[Btu/h]
Model
Description
AVXDSH100CE .....................
AVXDSH110CE .....................
AVXDSH145CE .....................
AVXDUH100CE .....................
AVXDUH110CE .....................
AVXDUH145CE .....................
AVXWVH020CE ....................
AVXWVH032CE ....................
AVXWVH040CE ....................
AVXWVH052CE ....................
AVXWVH060CE ....................
AVXWNH020CE ....................
AVXWNH032CE ....................
AVXWNH040CE ....................
AVXWNH052CE ....................
AVXWNH060CE ....................
AVXCSH023CE .....................
AVXCSH032CE .....................
AVXCSH040CE .....................
mstockstill on DSK4VPTVN1PROD with NOTICES
Type
Built-in Slim Duct (Low pressure) ..........................................
Built-in Slim Duct (Low pressure) ..........................................
Built-in Slim Duct (Low pressure) ..........................................
Built-in Duct (Mid pressure) ...................................................
Built-in Duct (Mid pressure) ...................................................
Built-in Duct (Mid pressure) ...................................................
High Wall Mount Heat Pump .................................................
High Wall Mount Heat Pump .................................................
High Wall Mount Heat Pump .................................................
High Wall Mount Heat Pump .................................................
High Wall Mount Heat Pump .................................................
High Wall Mount Heat Pump .................................................
High Wall Mount Heat Pump .................................................
High Wall Mount Heat Pump .................................................
High Wall Mount Heat Pump .................................................
High Wall Mount Heat Pump .................................................
1-Way Ceiling Cassette Heat pump ......................................
1-Way Ceiling Cassette Heat pump ......................................
1-Way Ceiling Cassette Heat pump ......................................
(3) Samsung shall not be required to
test the products listed in paragraph (2)
of this section according to the test
procedure for commercial package air
conditioners and heat pumps prescribed
by DOE at 10 CFR 431.96 (ARI Standard
340/360–2004 (incorporated by
reference in 10 CFR 431.95(b)(2)–(3)),
but instead shall use as the alternate test
procedure ANSI/AHRI 1230–2010 as
adopted in DOE’s final rule dated May
16, 2012 (77 FR 28928).
(4) Representations. In making
representations about the energy
efficiency of its DVM multi-split
equipment, for compliance, marketing,
or other purposes, Samsung must fairly
disclose the results of testing under the
DOE test procedure in a manner
consistent with the provisions outlined
below:
(i) For multi-split combinations tested
in accordance with this alternate test
procedure, Samsung may make
representations based on those test
results.
(ii) For multi-split combinations that
are not tested, Samsung 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; or
(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
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15:43 Nov 15, 2012
Jkt 229001
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.
(5) This waiver amendment shall
remain in effect from the date this
Decision and Order is issued, consistent
with the provisions of 10 CFR
431.401(g). Compliance with the
ASHRAE final rule, (77 FR 28928, May
16, 2012), is required beginning on May
13, 2013. Therefore, this D&O is valid
through May 12, 2013. Beginning on
May 13, 2013, all manufacturers must
use the amended DOE test procedures to
determine the energy use of this type of
equipment.
Issued in Washington, DC, on November 9,
2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2012–27919 Filed 11–15–12; 8:45 am]
BILLING CODE 6450–01–P
PO 00000
Frm 00027
Fmt 4703
Sfmt 4703
30,000/34,000
36,000/40,000
48,000/54,000
30,000/34,000
36,000/40,000
48,000/54,000
6,000/7,000
9,500/10,500
12,000/13,500
18,000/20,000
20,000/23,000
6,000/7,000
9,500/10,500
12,000/13,500
18,000/20,000
20,000/23,000
7,500/8,500
9,500/10,500
12,000/13,500
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Project Nos. P–13404–002, P–13405–002,
P–13406–002, P–13407–002, P–13408–002,
P–13411–002, and P–13412–002]
Clean River Power MR–1, LLC; Clean
River Power MR–2, LLC; Clean River
Power MR–3, LLC; Clean River Power
MR–5, LLC; Clean River Power MR–6,
LLC; Clean River Power MR–7, LLC;
Clean River Power MR–8, LLC; Notice
of Applications Tendered for Filing
With the Commission and Soliciting
Additional Study Requests
a. Type of Applications: Original
Major Licenses.
b. Project Nos.: 13404–002, 13405–
002, 13406–002, 13407–002, 13408–002,
13411–002, and 13412–002.
c. Dated Filed: October 31, 2012.
d. Applicants: Clean River Power
MR–1, LLC; Clean River Power MR–2,
LLC; Clean River Power MR–3, LLC;
Clean River Power MR–5, LLC; Clean
River Power MR–6, LLC; Clean River
Power MR–7, LLC; and Clean River
Power MR–8, LLC (Clean River Power),
subsidiaries of Free Flow Power
Corporation.
e. Names of Projects: Beverly Lock
and Dam Project, P–13404–002; Devola
Lock and Dam Project, P–13405–002;
Malta/McConnelsville Lock and Dam
Project, P–13406–002; Lowell Lock and
Dam Project, P–13407–002; Philo Lock
and Dam Project, P–13408–002; Rokeby
Lock and Dam Project, P–13411–002;
and Zanesville Lock and Dam Project,
P–13412–002.
f. Location: At existing locks and
dams formally owned and operated by
the U.S. Army Corps of Engineers but
now owned and operated by the State of
E:\FR\FM\16NON1.SGM
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Agencies
[Federal Register Volume 77, Number 222 (Friday, November 16, 2012)]
[Notices]
[Pages 68755-68757]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27919]
[[Page 68755]]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. CAC-038]
Decision and Order Granting a Waiver Granted to Samsung
Electronics America, 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: The U.S. Department of Energy (DOE) gives notice of the
decision and order (Case No. CAC-038) that grants Samsung Electronics
America, Inc. (Samsung) a waiver from the DOE commercial package air-
source central air conditioners and heat pumps test procedures for
determining the energy consumption set forth in its petition for
waiver. Under today's decision and order, Samsung shall be required to
test and rate its variable capacity Digital Variable Multi (DVM)
(commercial) multi-split heat pumps with cooling capacities ranging
from 72,000 Btu/h to 120,000 Btu/h, as specified in its petition using
American National Standards Institute (ANSI)/Air-conditioning, Heating
and Refrigeration Institute (AHRI) Standard 1230, as adopted in DOE's
final rule dated May 16, 2012.
DATES: This Decision and Order is effective November 16, 2012 through
May 12, 2013.
FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department
of Energy, Building Technologies Program, Mailstop EE-2J, 1000
Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202)
586-0371. Email: Bryan.Berringer@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: Jennifer.Tiedeman@hq.doe.gov.
SUPPLEMENTARY INFORMATION: DOE issues notice of this Decision and Order
in accordance with Title 10 of the Code of Federal Regulations (10 CFR)
431.401(f)(4). In this Decision and Order, DOE grants Samsung a waiver
for the variable capacity DVM (commercial) multi-split heat pump
equipment specified in its waiver submitted on October 17, 2011.
Samsung must test and rate this equipment using ANSI/AHRI 1230, as
adopted in DOE's final rule dated May 16, 2012 (77 FR 28928), as the
alternative test procedure. DOE's final rule specifies use of ANSI/AHRI
1230, but omits sections 5.1.2 and 6.6.
Today's decision requires Samsung to make representations
concerning the energy efficiency of this equipment consistent with the
provisions and restrictions of the alternate test procedure in the
Decision and Order below, and the representations must fairly disclose
the test results. (42 U.S.C. 6314(d)) The same standard applies to
distributors, retailers, and private labelers when making
representations of the energy efficiency of this equipment.
Issued in Washington, DC, on November 9, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
Decision and Order
In the Matter of: Samsung Electronics America, Inc. (Samsung) (Case
No. CAC-038).
I. Background and Authority
Title III, Part C of the Energy Policy and Conservation Act of 1975
(EPCA), Public Law 94-163 (42 U.S.C. 6311-6317), established the Energy
Conservation Program for certain industrial equipment, which includes
commercial air conditioning equipment, the focus of this decision and
order.\1\ Part C specifically includes definitions (42 U.S.C. 6311),
test procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C. 6315),
energy conservation standards (42 U.S.C. 6313), and the authority to
require information and reports from manufacturers (42 U.S.C. 6316).
With respect to test procedures, Part C authorizes the Secretary of
Energy (the Secretary) to prescribe test procedures that are reasonably
designed to produce results that measure energy efficiency, energy use,
and estimated annual operating costs, and that are not unduly
burdensome to conduct. (42 U.S.C. 6314(a)(2))
---------------------------------------------------------------------------
\1\ For editorial reasons, upon codification in the U.S. Code,
Part C was re-designated Part A-1.
---------------------------------------------------------------------------
For commercial package air-conditioning and heating equipment, EPCA
provides that ``the test procedures shall be those generally accepted
industry testing procedures or rating procedures developed or
recognized by the Air-Conditioning and Refrigeration Institute [ARI] or
by the American Society of Heating, Refrigerating and Air-Conditioning
Engineers [ASHRAE], as referenced in ASHRAE/IES Standard 90.1 and in
effect on June 30, 1992.'' (42 U.S.C. 6314(a)(4)(A)) 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). (42 U.S.C. 6314(a)(4)(B))
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 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 according to the provisions of
10 CFR 431.401(g).
On October 17, 2011, Samsung submitted a petition for waiver from
the DOE test procedure applicable to commercial package air-source and
water-source central air conditioners and heat pumps set forth in 10
CFR 431.96. Samsung requested the waiver for the specified basic model
of Samsung's variable capacity Digital Variable Multi (DVM)
(commercial) multi-split heat pumps with cooling capacities ranging
from 72,000 Btu/h to
[[Page 68756]]
120,000 Btu/h. The applicable test procedure for these heat pumps is
ARI 340/360-2004. Manufacturers are directed to use these test
procedures pursuant to Table 1 of 10 CFR 431.96. Samsung seeks a waiver
from the applicable test procedures under 10 CFR 431.96 on the grounds
that its DVM multi-split heat pumps contain design characteristics that
prevent testing according to the current DOE test procedures. Samsung
requested that DOE allow it to test and rate its DVM multi-split heat
pumps with cooling capacities ranging from 72,000 Btu/h to 120,000 Btu/
h according to the American National Standards Institute (ANSI)/Air-
conditioning, Heating and Refrigeration Institute (AHRI) Standard 1230-
2010: Performance Rating of Variable Refrigerant Flow (VRF) Multi-Split
Air-Conditioning and Heat Pump Equipment (AHRI 1230).
On May 16, 2012, DOE published a final rule (77 FR 28928) adopting
certain revised efficiency standards and test procedures provided in
American Society of Heating, Refrigerating, and Air-Conditioning
Engineers (ASHRAE) Standard 90.1-2010 (ASHRAE final rule). The ASHRAE
final rule incorporated by reference ANSI/AHRI 1230-2010 but it omits
sections 5.1.2 and 6.6 for the products addressed in this waiver
request. The rule was effective on July 16, 2012 and requires use of
the test procedure on or after May 13, 2013. This decision and order
(D&O) requires Samsung to use ANSI/AHRI 1230-2010 as addressed in the
DOE's May 16, 2012 final rule (77 FR 28928) to test and rate specified
models in order to be consistent with future test procedure
requirements.
II. Samsung's Petition for Waiver: Assertions and Determinations
In its October 17, 2011 petition, Samsung seeks a waiver from the
applicable test procedures under 10 CFR 431.96 on the grounds that its
DVM multi-split heat pumps contain design characteristics that prevent
testing according to the current DOE test procedures. Specifically,
Samsung asserts that the two primary factors that prevent testing of
its DVM multi-split variable speed products are the same factors stated
in the waivers that DOE granted to Mitsubishi Electric & Electronics
America 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); 76
FR 31951 (June 2, 2011) (Carrier); 76 FR 50204 (August 12, 2011)
(Fujitsu General Limited); 76 FR 65710 (October 24, 2011) (Mitsubishi).
The DVM systems have operational characteristics similar to the
commercial multi-split products manufactured by other manufacturers. As
indicated above, DOE has already granted waivers for these products.
The DVM system consists of multiple indoor units connected to an air-
cooled outdoor unit. These multi-splits are used in zoned systems where
an outdoor or water-source unit can be connected with up to 10 separate
indoor units, which need not be the same models. According to Samsung,
the various indoor and outdoor models can be connected in a multitude
of configurations, with many thousands of possible combinations.
Consequently, Samsung requested that DOE grant a waiver from the
applicable test procedures for its DVM product designs until a suitable
test method can be prescribed.
For the reasons discussed above, and because DOE prescribed ANSI/
AHRI 1230 as the alternate test procedure in waivers granted to other
manufacturers (including the grant of Samsung's interim waiver request
(76 FR 80916, Dec. 27, 2011), DOE determined that the equipment
specified in Samsung's October 17, 2011 petition contains design
characteristics that prevent testing according to the DOE test
procedure, and that allowing Samsung to use as an alternate test
procedure ANSI/AHRI 1230, as adopted in DOE's final rule dated May 16,
2012 (77 FR 28928), addresses these testing difficulties.
Consultations With Other Agencies
DOE consulted with the Federal Trade Commission (FTC) staff
concerning the Samsung petition for waiver. The FTC staff did not have
any objections to granting a waiver to Samsung.
III. Conclusion
After careful consideration of all the material that was submitted
by Samsung and consultation with the FTC staff, it is ordered that:
(1) The petition for waiver submitted by the Samsung (Case No. CAC-
038) is hereby granted as set forth in the paragraphs below.
(2) Samsung shall be required to test and rate the following basic
model groups according to the alternate test procedure set forth in
paragraph (3) of this section.
----------------------------------------------------------------------------------------------------------------
Cooling/heating
Type Model Description [Btu/h]
----------------------------------------------------------------------------------------------------------------
Outdoor Unit......................... RVXVHT075FE............. Condensing unit heat pump... 72,000/81,000
RVXVHT100FE............. Condensing unit heat pump... 96,000/108,000
RVXVHT125FE............. Condensing unit heat pump... 120,000/135,000
RD075VRXFA.............. Condensing unit heat pump... 72,000/81,000
RD100VRXFA.............. Condensing unit heat pump... 96,000/108,000
RD125VRXFA.............. Condensing unit heat pump... 120,000/135,000
Indoor Unit.......................... AVXCMH032CE............. 4-Way Ceiling Cassette Heat 9,500/10,500
pump.
AVXCMH040CE............. 4-Way Ceiling Cassette Heat 12,000/13,500
pump.
AVXCMH052CE............. 4-Way Ceiling Cassette Heat 18,000/20,000
pump.
AVXCMH060CE............. 4-Way Ceiling Cassette Heat 20,000/23,000
pump.
AVXC4H052CE............. 4-Way Ceiling Cassette Heat 18,000/20,000
pump.
AVXC4H072CE............. 4-Way Ceiling Cassette Heat 24,000/27,000
pump.
AVXC4H100CE............. 4-Way Ceiling Cassette Heat 30,000/34,000
pump.
AVXC4H110CE............. 4-Way Ceiling Cassette Heat 36,000/40,000
pump.
AVXC4H145CE............. 4-Way Ceiling Cassette Heat 48,000/54,000
pump.
AVXDSH020CE............. Built-in Slim Duct (Low 6,000/7,000
pressure).
AVXDSH032CE............. Built-in Slim Duct (Low 9,500/10,500
pressure).
AVXDSH040CE............. Built-in Slim Duct (Low 12,000/13,500
pressure).
AVXDSH052CE............. Built-in Slim Duct (Low 18,000/20,000
pressure).
AVXDSH072CE............. Built-in Slim Duct (Low 24,000/27,000
pressure).
[[Page 68757]]
AVXDSH100CE............. Built-in Slim Duct (Low 30,000/34,000
pressure).
AVXDSH110CE............. Built-in Slim Duct (Low 36,000/40,000
pressure).
AVXDSH145CE............. Built-in Slim Duct (Low 48,000/54,000
pressure).
AVXDUH100CE............. Built-in Duct (Mid pressure) 30,000/34,000
AVXDUH110CE............. Built-in Duct (Mid pressure) 36,000/40,000
AVXDUH145CE............. Built-in Duct (Mid pressure) 48,000/54,000
AVXWVH020CE............. High Wall Mount Heat Pump... 6,000/7,000
AVXWVH032CE............. High Wall Mount Heat Pump... 9,500/10,500
AVXWVH040CE............. High Wall Mount Heat Pump... 12,000/13,500
AVXWVH052CE............. High Wall Mount Heat Pump... 18,000/20,000
AVXWVH060CE............. High Wall Mount Heat Pump... 20,000/23,000
AVXWNH020CE............. High Wall Mount Heat Pump... 6,000/7,000
AVXWNH032CE............. High Wall Mount Heat Pump... 9,500/10,500
AVXWNH040CE............. High Wall Mount Heat Pump... 12,000/13,500
AVXWNH052CE............. High Wall Mount Heat Pump... 18,000/20,000
AVXWNH060CE............. High Wall Mount Heat Pump... 20,000/23,000
AVXCSH023CE............. 1-Way Ceiling Cassette Heat 7,500/8,500
pump.
AVXCSH032CE............. 1-Way Ceiling Cassette Heat 9,500/10,500
pump.
AVXCSH040CE............. 1-Way Ceiling Cassette Heat 12,000/13,500
pump.
----------------------------------------------------------------------------------------------------------------
(3) Samsung shall not be required to test the products listed in
paragraph (2) of this section according to the test procedure for
commercial package air conditioners and heat pumps prescribed by DOE at
10 CFR 431.96 (ARI Standard 340/360-2004 (incorporated by reference in
10 CFR 431.95(b)(2)-(3)), but instead shall use as the alternate test
procedure ANSI/AHRI 1230-2010 as adopted in DOE's final rule dated May
16, 2012 (77 FR 28928).
(4) Representations. In making representations about the energy
efficiency of its DVM multi-split equipment, for compliance, marketing,
or other purposes, Samsung must fairly disclose the results of testing
under the DOE test procedure in a manner consistent with the provisions
outlined below:
(i) For multi-split combinations tested in accordance with this
alternate test procedure, Samsung may make representations based on
those test results.
(ii) For multi-split combinations that are not tested, Samsung 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; or
(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.
(5) This waiver amendment shall remain in effect from the date this
Decision and Order is issued, consistent with the provisions of 10 CFR
431.401(g). Compliance with the ASHRAE final rule, (77 FR 28928, May
16, 2012), is required beginning on May 13, 2013. Therefore, this D&O
is valid through May 12, 2013. Beginning on May 13, 2013, all
manufacturers must use the amended DOE test procedures to determine the
energy use of this type of equipment.
Issued in Washington, DC, on November 9, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
[FR Doc. 2012-27919 Filed 11-15-12; 8:45 am]
BILLING CODE 6450-01-P