Federal Register / Vol. 76, No. 205 / Monday, October 24, 2011 / Notices 65707 

1For editorial reasons, upon codification in the 

U.S. Code, part C was re-designated part A–1. 

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 

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 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 

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, 

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 


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 

(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 AirConditioning 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 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 205 / Monday, October 24, 2011 / Notices 65709 

2There 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. 

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 

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 

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, 


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65710 Federal Register / Vol. 76, No. 205 / Monday, October 24, 2011 / 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% 

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 

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 

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–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. 


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