Federal Register / Vol. 76, No. 68 / Friday, April 8, 2011 / Notices 19759 

funds in any prior year. All eligible 

LEAs that need to submit an application 

to receive an SRSA grant award in a 

given year are highlighted in yellow on 

the SRSA eligibility spreadsheets, 

which are posted annually on the SRSA 

program Web site at 

http://www2.ed.gov/programs/reapsrsa/

eligibility.html. 

Under the regulations in 34 CFR 

75.104(a), the Secretary makes grants 

only to an eligible party that submits an 

application. Given the limited purpose 

served by the application under the 

SRSA program, the Secretary considers 

the application requirement to be met if 

an LEA submitted an SRSA application 

for any prior year. In this circumstance, 

unless an LEA advises the Secretary by 

the application deadline that it is 

withdrawing its application, the 

Secretary deems the application that an 

LEA previously submitted to remain in 

effect for FY 2011 funding, and the LEA 

does not have to submit an additional 

application. 

We intend to provide, by April 7, 

2011, a list of LEAs eligible for FY 2011 

funds on the Department’s Web site at 

http://www.ed.gov/programs/reapsrsa/

eligibility.html. The Web site will 

indicate which eligible LEAs must 

submit an electronic application to the 

Department to receive an FY 2011 SRSA 

grant award, and which eligible LEAs 

are considered already to have met the 

application requirement. 

Eligible LEAs that need to submit an 

application in order to receive FY 2011 

SRSA funds must do so electronically 

by the deadline established in this 

notice. 

Electronic Submission of Applications 

An eligible LEA that is required to 

submit an application to receive FY 

2011 SRSA funds must submit an 

electronic application by June 30, 2011, 

4:30:00 p.m., Washington, DC time. If it 

submits its application after this 

deadline, the LEA will receive a grant 

award only to the extent that funds are 

available after the Department awards 

grants to other eligible LEAs under the 

program. 

Submission of an electronic 

application involves the use of the 

Department’s G5 system. You can access 

the electronic application for the SRSA 

Program at: http://www.g5.gov. When 

you access this site, you will receive 

specific instructions regarding the 

information to include in your 

application. 

The hours of operation of the G5 Web 

site are 6:00 a.m. Monday until 7:00 

p.m. Wednesday; and 6:00 a.m. 

Thursday until 8:00 p.m. Sunday, 

Washington, DC time. Please note that, 

because of maintenance, the system is 

unavailable between 8:00 p.m. on 

Sundays and 6:00 a.m. on Mondays, and 

between 7:00 p.m. on Wednesdays and 

6:00 a.m. on Thursdays, Washington, 

DC time. Any modifications to these 

hours are posted on the G5 Web site. 

Accessible Format: Individuals with 

disabilities can obtain this document 

and a copy of the application package in 

an accessible format (e.g., braille, large 

print, audiotape, or computer diskette) 

on request to the program contact 

person listed under FOR FURTHER

INFORMATION CONTACT. 

Electronic Access to This Document: 

You can view this document, as well as 

all other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF) on the Internet at the 

following site: http://www.ed.gov/news/ 

fedregister. To use PDF you must have 

Adobe Acrobat Reader, which is 

available free at this site. 

Note: The official version of this document 

is the document published in the Federal 

Register. Free Internet access to the official 

edition of the Federal Register and the Code 

of Federal Regulations is available on GPO 

Access at: http://www.gpoaccess.gov/nara/

index.html. 

Program Authority: 20 U.S.C. 7345– 

7345b. 

Dated: April 5, 2011. 

Thelma Mele ́ndez de Santa Ana, 

Assistant Secretary for Elementary and 

Secondary Education. 

[FR Doc. 2011–8441 Filed 4–7–11; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CAC–031] 

Energy Conservation Program for 

Certain Industrial Equipment: 

Publication of the Petition for Waiver 

From Carrier Corporation and Granting 

of the Interim Waiver 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: Notice of petition for waiver, 

granting of application for interim 

waiver, and request for comments. 

SUMMARY: This notice announces receipt 

of and publishes a petition for waiver 

from Carrier Corporation (Carrier). The 

petition for waiver (hereafter ‘‘petition’’) 

requests a waiver from the U.S. 

Department of Energy (DOE) test 

procedure applicable to commercial 

package air-source central air 

conditioners and heat pumps. The 

petition is specific to the Carrier 

variable capacity Super Modular MultiSystem SMMSi (commercial) multi-split 

heat pumps. Through this document, 

DOE: (1) Solicits comments, data, and 

information with respect to the Carrier 

petition; and (2) announces the grant of 

an interim waiver to Carrier from the 

existing DOE test procedure for the 

subject commercial multi-split air 

conditioners and heat pumps. 

DATES: DOE will accept comments, data, 

and information with respect to the 

Carrierpetition until, but no later than 

May 9, 2011. 

ADDRESSES: You may submit comments, 

identified by case number ‘‘CAC–031,’’ 

by any of the following methods: 

• Federal eRulemaking Portal:http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: 

AS_Waiver_Requests@ee.doe.gov. 

Include the case number [CAC–031] in 

the subject line of the message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mail Stop EE–2J/ 

1000 Independence Avenue, SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–2945. Please 

submit one signed original paper copy. 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 950 

L’Enfant Plaza, SW., Suite 600, 

Washington, DC 20024. Please submit 

one signed original paper copy. 

Docket: For access to the docket to 

review the background documents 

relevant to this matter, you may visit the 

U.S. Department of Energy, 950 L’Enfant 

Plaza SW., (Resource Room of the 

Building Technologies Program), 

Washington, DC, 20024; (202) 586–2945, 

between 9 a.m. and 4 p.m., Monday 

through Friday, except on Federal 

holidays. Available documents include 

the following items: (1) This notice; (2) 

public comments received; (3) the 

petition for waiver and application for 

interim waiver; and (4) prior DOE 

rulemakings and waivers regarding 

similar central air conditioning and heat 

pump equipment. Please call Ms. 

Brenda Edwards at the above telephone 

number for additional information 

regarding visiting the Resource Room. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Michael G. Raymond, U.S. Department 

of Energy, Building Technologies 

Program, Mail Stop EE–2J, Forrestal 


srobinson on DSKHWCL6B1PROD with NOTICES
19760 Federal Register / Vol. 76, No. 68 / Friday, April 8, 2011 / Notices 

1 applicable to its Super Modular Multi-System 

(‘‘SMMSi’’) commercial Variable Refrigerant Flow 

(‘‘VRF’’) multi-split systems. Carrier requests this 

waiver for the SMMSi systems because the basic 

design of VRF multi-split systems prevents testing 

or rating according to DOE’s prescribed test 

procedures. Carrier also hereby requests an interim 

waiver for the same products pursuant to 10 CFR 

431.401(a)(2). 

Building, 1000 Independence Avenue, 

SW., Washington, DC 20585–0121. 

Telephone: (202) 586–9611. E-mail: 

AS_Waiver_Requests@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. 

SUPPLEMENTARY INFORMATION: 

I. Background and Authority 

Title III of the Energy Policy and 

Conservation Act (EPCA) sets forth a 

variety of provisions concerning energy 

efficiency, including Part B of Title III, 

which establishes the ‘‘Energy 

Conservation Program for Consumer 

Products Other Than Automobiles.’’ (42 

U.S.C. 6291–6309) Part C of Title III 

provides for a similar energy efficiency 

program titled ‘‘Certain Industrial 

Equipment,’’ which includes 

commercial air conditioning equipment, 

package boilers, water heaters, and other 

types of commercial equipment.1 (42 

U.S.C. 6311–6317) 

Today’s notice involves commercial 

equipment under Part C. 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 a covered commercial 

product if the industry test procedure is 

amended, unless the Secretary 

determines, by rule and based on clear 

and convincing evidence, that such a 

modified test procedure does not meet 

the statutory criteria set forth in 42 

U.S.C. 6314(a)(2) and (3). 

On December 8, 2006, DOE published 

a final rule adopting test procedures for 

commercial package air-conditioning 

and heating equipment, effective 

January 8, 2007. 71 FR 71340. Table 1 

to Title 10 of the Code of Federal 

Regulations (10 CFR) 431.96 directs 

manufacturers of commercial package 

air conditioning and heating equipment 

to use the appropriate procedure when 

measuring energy efficiency of those 

products. The cooling capacities of 

Carrier’s commercial SMMSi multi-split 

heat pump products at issue in the 

waiver petition filed by Carrier range 

from 72,000 Btu/h to 220,000 Btu/h. All 

of these products are covered by ARI 

Standard 340/360–2004, which includes 

products with capacities greater than 

65,000 Btu/hour. 

DOE’s regulations for covered 

products permit a person to seek a 

waiver from the test procedure 

requirements for covered commercial 

equipment if at least one of the 

following conditions is met: (1) The 

petitioner’s basic model contains one or 

more design characteristics that prevent 

testing according to the prescribed test 

procedures; or (2) the prescribed test 

procedures may evaluate the basic 

model in a manner so unrepresentative 

of its true energy consumption as to 

provide materially inaccurate 

comparative data. 10 CFR 431.401(a)(1). 

Petitioners must include in their 

petition any alternate test procedures 

known to the petitioner to evaluate the 

basic model in a manner representative 

of its energy consumption. 10 CFR 

431.401(b)(1)(iii). The Assistant 

Secretary for Energy Efficiency and 

Renewable Energy (Assistant Secretary) 

may grant a waiver subject to 

conditions, including adherence to 

alternate test procedures. 10 CFR 

431.401(f)(4). Waivers remain in effect 

pursuant to the provisions of 10 CFR 

431.401(g). 

The waiver process also permits 

parties submitting a petition for waiver 

to file an application for interim waiver 

of the applicable test procedure 

requirements. 10 CFR 431.401(a)(2). The 

Assistant Secretary will grant an interim 

waiver request if it is determined that 

the applicant will experience economic 

hardship if the application for interim 

waiver is denied, if it appears likely that 

the petition for waiver will be granted, 

and/or the Assistant Secretary 

determines that it would be desirable for 

public policy reasons to grant 

immediate relief pending a 

determination on the petition for 

waiver. 10 CFR 431.401(e)(3). An 

interim waiver remains in effect for 180 

days or until DOE issues its 

determination on the petition for 

waiver, whichever occurs first. It may be 

extended by DOE for an additional 180 

days. 10 CFR 431.401(e)(4). 

II. Petition for Waiver 

On February 16, 2011, Carrier filed a 

petition for waiver from the test 

procedures at 10 CFR 431.96 applicable 

to commercial package air source 

central air conditioners and heat pumps, 

as well as an application for interim 

waiver. The capacities of the Carrier 

SMMSi multi-split heat pumps range 

from 72,000Btu/hto 220,000Btu/h. The 

applicable test procedure for the airsource heat pumps is ARI 340/360– 

2004. Manufacturers are directed to use 

these test procedures pursuant to Table 

1 of 10 CFR 431.96. 

Carrier seeks a waiver from the 

applicable test procedures under 10 CFR 

431.96 on the grounds that its SMMSi 

multi-split heat pumps contain design 

characteristics that prevent testing 

according to the current DOE test 

procedures. Specifically, Carrier asserts 

that the two primary factors that prevent 

testing of its SMMSi multi-split variable 

speed products are the same factors 

stated in the waivers that DOE granted 

to Mitsubishi Electric & Electronics 

USA, Inc. (Mitsubishi) and other 

manufacturers for similar lines of 

commercial multi-split air-conditioning 

systems: 

• Testing laboratories cannot test 

products with so many indoor units; 

and 

• There are too many possible 

combinations of indoor and outdoor 

units to test. 

Mitsubishi (69 FR 52660, August 27, 

2004); Mitsubishi (72 FR 17528, April 9, 

2007); Samsung (72 FR 71387, Dec. 17, 

2007); Fujitsu (72 FR 71383, Dec. 17, 

2007); Daikin (73 FR 39680, July 10, 

2008); Daikin (74 FR 15955, April 8, 

2009); Daikin (74 FR 16193, April 9, 

2009); Daikin (74 FR 16373, April 10, 

2009); Mitsubishi (74 FR 66311, 66315, 

December 15, 2009) and LG (74 FR 

66330, December 15, 2009). 

The SMMSi systems have operational 

characteristics similar to the commercial 

multi-split products manufactured by 

Mitsubishi, Samsung, Fujitsu and 

Daikin. As indicated above, DOE has 

already granted waivers for these 

products. The SMMSi system consists of 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 68 / Friday, April 8, 2011 / Notices 19761 

2 DOE notes that it has also previously granted 

interim waivers to Fujitsu (70 FR 5980 (Feb. 4, 

2005)), Samsung (70 FR 9629 (Feb. 28, 2005)), 

Mitsubishi (72 FR 17533 (April 9, 2007)), and 

Daikin (72 FR 35986 (July 2, 2007)), for comparable 

commercial multi-split air conditioners and heat 

pumps. 

multiple indoor units connected to an 

air-cooled outdoor unit. The indoor 

units for these products are available in 

a number of potential configurations, 

including the following: 4-way cassette, 

compact 4-way cassette, high-wall, slim 

ducted, medium static ducted, high 

static ducted, and ceiling. There are 7 

unique outdoor models and 43 unique 

indoor models. A single outdoor model 

can be connected to up to 38 indoor 

units. According to Carrier, the various 

indoor and outdoor models can be 

connected in a multitude of 

configurations, with many thousands of 

possible combinations. Consequently, 

Carrier requested that DOE grant a 

waiver from the applicable test 

procedures for its SMMSi product 

designs until a suitable test method can 

be prescribed. 

III. Application for Interim Waiver 

On February 16, 2011, Carrier also 

submitted an application for an interim 

waiver from the test procedures at 10 

CFR 431.96 for its SMMSi equipment. 

DOE determined that Carrier’s 

application for interim waiver does not 

provide sufficient market, equipment 

price, shipments, and other 

manufacturer impact information to 

permit DOE to evaluate the economic 

hardship Carrier might experience 

absent a favorable determination on its 

application for an interim waiver. DOE 

understands, however, that if it did not 

issue an interim waiver, Carrier’s 

products would not be tested and rated 

for energy consumption in the same 

manner as equivalent products for 

which DOE previously granted waivers. 

Furthermore, DOE has determined that 

it appears likely that Carrier’s petition 

for waiver will be granted and that is 

desirable for public policy reasons to 

grant Carrier immediate relief pending a 

determination on the petition for 

waiver. DOE believes that it is likely 

Carrier’s petition for waiver for the new 

SMMSi multi-split models will be 

granted because, as noted above, DOE 

has previously granted a number of 

waivers for similar product designs.2

The two principal reasons supporting 

the grant of the previous waivers also 

apply to Carrier’s SMMSi products: (1) 

Test laboratories cannot test products 

with so many indoor units; and (2) it is 

impractical to test so many 

combinations of indoor units with each 

outdoor unit. In addition, DOE believes 

that similar products should be tested 

and rated for energy consumption on a 

comparable basis. For these same 

reasons, DOE also determined that it is 

desirable for public policy reasons to 

grant immediate relief pending a 

determination on the petition for 

waiver. 

Therefore, it is ordered that: 

The application for interim waiver 

filed by Carrier is hereby granted for 

Carrier’s SMMSi multi-split heat 

pumps, subject to the specifications and 

conditions below. 

1. Carrier shall not be required to test 

or rate its SMMSi commercial multisplit products on the basis of the 

existing test procedures under 10 CFR 

431.96, which incorporates by reference 

ARI 340/360–2004. 

2. Carrier shall be required to test and 

rate its SMMSi commercial multi-split 

products according to the alternate test 

procedure as set forth in section IV(3), 

‘‘Alternate test procedure.’’ 

The interim waiver applies to the 

following basic model groups: 

Standard model outdoor units: 

MMY–MAP0724HT9UL, with a capacity of 

72,000 Btu/hr 

MMY–MAP0964HT9UL, with a capacity of 

96,000 Btu/hr 

MMY–MAP1144HT9UL, with a capacity of 

114,000 Btu/hr 

MMY–AP1444HT9UL, with a capacity of 

144,000 Btu/hr 

MMY–AP1684HT9UL, with a capacity of 

168,000 Btu/hr 

MMY–AP1924HT9UL, with a capacity of 

192,000 Btu/hr 

MMY–AP2284HT9UL, with a capacity of 

220,000 Btu/hr 

Indoor units, whose capacities range 

from 7,000 to 48,000 Btu/hr that are 

compatible with the outdoor units listed 

above: 

4-way cassette 

MMU–AP0182H2UL, MMU–AP0212H2UL, 

MMU–AP0242H2UL, MMU– 

AP0302H2UL, MMU–AP0362H2UL, and 

MMU–AP0422H2UL 

Compact 4-way cassette 

MMU–AP0071MH2UL, MMU– 

AP0091MH2UL, MMU–AP0121MH2UL, 

MMU–AP0151MH2UL, and MMU– 

AP0181MH2UL 

Ceiling 

MMC–AP0181H2UL, MMC–AP0241H2UL, 

MMC–AP0361H2UL, and MMC– 

AP0421H2UL 

High-wall 

MMK–AP0073H2UL, MMK–AP0093H2UL, 

MMK–AP0123H2UL, MMK– 

AP0153H2UL, MMK–AP0183H2UL, and 

MMK–AP0243H2UL 

Slim ducted 

MMD–AP0071SPH2UL, MMD– 

AP0091SPH2UL, MMD– 

AP0121SPH2UL, MMD– 

AP0151SPH2UL, and MMD– 

AP0181SPH2UL 

Medium static ducted 

MMD–AP0071BH2UL, MMD– 

AP0091BH2UL, MMD–AP0121BH2UL, 

MMD–AP0151BH2UL, MMD– 

AP0181BH2UL, MMD–AP0211BH2UL, 

MMD–AP0241BH2UL, MMD– 

AP0301BH2UL, MMD–AP0361BH2UL, 

MMD–AP0421BH2UL, and MMD– 

AP0481BH2UL 

High static ducted 

MMD–AP0151H2UL, MMD–AP0181H2UL, 

MMD–AP0241H2UL, MMD– 

AP0301H2UL, MMD–AP0361H2UL, and 

MMD–AP0481H2UL 

This interim waiver is issued on the 

condition that the statements, 

representations, and documents 

provided by the petitioner are valid. 

DOE may revoke or modify this interim 

waiver at any time if it determines 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. 

DOE makes decisions on waivers and 

interim waivers for only those models 

specifically set out in the petition, not 

future models that may be manufactured 

by the petitioner. Carrier may submit a 

new or amended petition for waiver and 

request for grant of interim waiver, as 

appropriate, for additional models of 

commercial package air conditioners 

and heat pumps for which it seeks a 

waiver from the DOE test procedure. In 

addition, DOE notes that grant of an 

interim waiver or waiver does not 

release a petitioner from the 

certification requirements set forth at 10 

CFR Part 431, Subpart T. 

IV. Alternate Test Procedure 

In responses to two petitions for 

waiver from Mitsubishi, DOE specified 

an alternate test procedure to provide a 

basis from which Mitsubishi could test 

and make valid energy efficiency 

representations for its R410A CITY 

MULTI products, as well as for its R22 

multi-split products. Alternate test 

procedures related to the Mitsubishi 

petitions were published in the Federal 

Register on April 9, 2007. See 72 FR 

17528 and 72 FR 17533. For reasons 

similar to those published in these prior 

notices, DOE believes that an alternate 

test procedure is appropriate in this 

instance. 

DOE understands that existing testing 

facilities have limited ability to test 

multiple indoor units simultaneously. 

This limitation makes it impractical for 

manufacturers to test the large number 

of possible combinations of indoor and 

outdoor units for some variable 

refrigerant flow zoned systems. We 

further note that after DOE granted a 

waiver for Mitsubishi’s R22 multi-split 


srobinson on DSKHWCL6B1PROD with NOTICES
19762 Federal Register / Vol. 76, No. 68 / Friday, April 8, 2011 / Notices 

products, ARI formed a committee to 

discuss testing issues and to develop a 

testing protocol for variable refrigerant 

flow systems. The committee has 

developed a test procedure which has 

been adopted by AHRI—‘‘ANSI/AHRI 

1230—2010: Performance Rating of 

Variable Refrigerant Flow (VRF) MultiSplit Air-Conditioning and Heat Pump 

Equipment’’ and incorporated into 

ASHRAE 90.1—2010. The commercial 

multisplit waivers that DOE has granted 

to Mitsubishi and several other 

manufacturers and the alternate test 

procedure set forth in those waivers are 

consistent with ANSI/AHRI 1230–2010. 

The waivers use a definition of ‘‘tested 

combination’’ that is substantially the 

same as the definition in ANSI/AHRI 

1230–2010. As a result, DOE is 

considering prescribing ANSI/AHRI 

1230–2010 in the subsequent decision 

and order as the alternate test procedure 

for this Carrier waiver. For the interim 

waiver, however, DOE will continue to 

require the use of the alternate test 

procedure prescribed in the past multisplit waivers. 

Therefore, as a condition for granting 

this interim waiver to Carrier, DOE is 

including an alternate test procedure 

similar to those granted to Mitsubishi 

for its R22 and R410A products. This 

alternate test procedure will allow 

Carrier to test and make energy 

efficiency representations for its SMMSi 

products. DOE has applied a similar 

alternate test procedure to other waivers 

for similar residential and commercial 

central air conditioners and heat pumps 

manufactured by Mitsubishi (72 FR 

17528, April 9, 2007); Samsung (72 FR 

71387, Dec. 17, 2007); Fujitsu (72 FR 

71383, Dec. 17, 2007); Daikin (73 FR 

39680, July 10, 2008); Daikin (74 FR 

15955, April 8, 2009); Daikin (74 FR 

16193, April 9, 2009); Daikin (74 FR 

16373, April 10, 2009); Mitsubishi (74 

FR 66311, 66315, December 15, 2009) 

and LG (74 FR 66330, December 15, 

2009). 

The alternate test procedure 

developed in conjunction with the 

Mitsubishi waiver permits Carrier to 

designate a ‘‘tested combination’’ for 

each model of outdoor unit. The indoor 

units designated as part of the tested 

combination must meet specific 

requirements. For example, the tested 

combination must have from two to 

eight indoor units so that it can be 

tested in available test facilities. (The 

‘‘tested combination’’ was originally 

defined to consist of one outdoor unit 

matched with between 2 and 5 indoor 

units. The maximum number of indoor 

units in a tested combination is 

increased in this instance from 5 to 8 to 

account for the fact that these largercapacity products can accommodate a 

greater number of indoor units.) The 

tested combination must be tested 

according to the applicable DOE test 

procedure, as modified by the 

provisions of the alternate test 

procedure as set forth below. The 

alternate test procedure also allows 

manufacturers of such products to make 

valid and consistent representations of 

energy efficiency for their airconditioning and heat pump products. 

DOE is including the following waiver 

language in the interim waiver for 

Carrier’s SMMSi commercial multi-split 

water-source heat pump models: 

(1) The petition for waiver filed by 

Carrier Corporation is hereby granted as 

set forth in the paragraphs below. 

(2) Carrier shall not be required to use 

existing test procedures to test or rate its 

SMMSi variable capacity multi-split 

heat pump products listed above, but 

shall be required to test and rate such 

products according to the alternate test 

procedure as set forth in paragraph (3). 

(3) Alternate test procedure. 

(A) Carrier shall be required to test the 

products listed in above according to 

the test procedures for central air 

conditioners and heat pumps prescribed 

by DOE at 10 CFR 431.96, except that 

Carrier shall test a tested combination 

selected in accordance with the 

provisions of subparagraph (B) of this 

paragraph. For every other system 

combination using the same outdoor 

unit as the tested combination, Carrier 

shall make representations concerning 

the SMMSi products covered in this 

waiver according to the provisions of 

subparagraph (C) below. 

(B) Tested combination. The term 

tested combination means a sample 

basic model comprised of units that are 

production units, or are representative 

of production units, of the basic model 

being tested. For the purposes of this 

waiver, the tested combination shall 

have the following features: 

(1) The basic model of a variable 

refrigerant flow system used as a tested 

combination shall consist of one 

outdoor unit, with one or more 

compressors, that is matched with 

between two and five indoor units. (For 

systems with nominal cooling capacities 

greater than 150,000 Btu/h, as many as 

eight indoor units may be used, to 

enable testing of 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 

§ 2.4.1 of 10 CFR part 430, subpart B, 

appendix M. 

(C) Representations. In making 

representations about the energy 

efficiency of its SMMSi variable 

capacity multi-split heat pump products 

for compliance, marketing, or other 

purposes, Carrier must fairly disclose 

the results of testing under the DOE test 

procedurein a manner consistent with 

the provisions outlined below: 

(1) For SMMSi combinations tested in 

accordance with this alternate test 

procedure, Carrier may make 

representations based on these test 

results. 

(2) For SMMSi combinations that are 

not tested, Carrier may make 

representations of non-tested 

combinations at the same energy 

efficiency level as the tested 

combination. The outdoor unit must be 

the one used in the tested combination. 

The representations must be based on 

the test results for the tested 

combination. The representations may 

also be determined by an Alternative 

Rating Method approved by DOE. 

V. Summary and Request for Comments 

Through today’s notice, DOE 

announces receipt of the Carrier petition 

for waiver from the test procedures 

applicable to Carrier’s SMMSi 

commercial multi-split heat pump 

products. For the reasons articulated 

above, DOE also grants Carrier an 

interim waiver from those procedures. 

As part of this notice, DOE is publishing 

Carrier’s petition for waiver in its 

entirety. The petition contains no 

confidential information. Furthermore, 

today’s notice includes an alternate test 

procedure that Carrier is required to 

follow as a condition of its interim 

waiver. In this alternate test procedure, 

DOE is defining a tested combination 

that Carrier could use in lieu of testing 

all retail combinations of its SMMSi 

multi-split heat pump products. 

DOE is interested in receiving 

comments on the issues addressed in 

this notice. Pursuant to 10 CFR 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 68 / Friday, April 8, 2011 / Notices 19763 

1As of the date of this petition and application, 

the current version of 10 CFR 431.96 (2010) 

incorporates by reference ARI Standard 340/360– 

2004. In the event that DOE incorporates by 

reference a more recent iteration of ARI Standard 

340/360 in 2011 version of 10 CFR 431.96, Carrier 

hereby requests a waiver from those test procedures 

as well. 

2The 7 outdoor models include 6-ton, 8-ton, and 

9.5-ton units, as well as combinations of these units 

that result in 12-ton, 14-ton, 16-ton, and 19-ton 

units. The model numbers and capacities for these 

7 units are provided in Section II. 

431.401(d), any person submitting 

written comments must also send a 

copy of such comments to the 

petitioner, pursuant to 10 CFR 

431.401(d). The contact information for 

the petitioner is: Dr. John Galbraith, VP 

of RCS Engineering, Carrier Corporation, 

7310 West Morris Street, Indianapolis, 

IN 46231. All submissions received 

must include the agency name and case 

number for this proceeding. Submit 

electronic comments in WordPerfect, 

Microsoft Word, Portable Document 

Format (PDF), or text (American 

Standard Code for Information 

Interchange (ASCII)) file format and 

avoid the use of special characters or 

any form of encryption. Wherever 

possible, include the electronic 

signature of the author. DOE does not 

accept telefacsimiles (faxes). 

According to 10 CFR 1004.11, any 

person submitting information that he 

or she believes to be confidential and 

exempt by law from public disclosure 

should submit two copies: One copy of 

the document including all the 

information believed to be confidential, 

and one copy of the document with the 

information believed to be confidential 

deleted. DOE will make its own 

determination about the confidential 

status of the information and treat it 

according to its determination. 

Issued in Washington, DC, on March 30, 

2011. 

Kathleen Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Office of Technology 

Development, Energy Efficiency and 

Renewable Energy. 

February 16, 2011. 

Ms. Catherine Zoi, Assistant Secretary 

for Energy Efficiency and 

Renewable Energy, U.S. Department 

of Energy, 1000 Independence 

Avenue, SW., Washington, DC 

20585–0121. 

Re: Petition for Waiver and Application 

for Interim Waiver From 

Department of Energy Commercial 

Package Air Conditioner and Heat 

Pump Test Procedures 

Dear Assistant Secretary Zoi: 

Pursuant to 10 CFR 431.401(a), Carrier 

Corporation (‘‘Carrier’’) respectfully 

petitions the Department of Energy 

(‘‘DOE’’) for a waiver of the test 

procedure set forth at 10 CFR 431.96, 

i.e., ARI Standard 340/360–2004, 1 applicable to its Super Modular 

Multi-system (‘‘SMMSi’’) commercial 

Variable Refrigerant Flow (‘‘VRF’’) multisplit systems. Carrier requests this 

waiver for the SMMSi systems because 

the basic design of VRF multi-split 

systems prevents testing or rating 

according to DOE’s prescribed test 

procedures. Carrier also hereby requests 

an interim waiver for the same products 

pursuant to 10 CFR 431.401(a)(2). 

Background 

Carrier is a wholly-owned subsidiary 

of United Technologies Corporation. 

Carrier provides heating, ventilation, 

air-conditioning and refrigeration 

(HVACR) systems, controls, services, 

and sustainable building solutions for 

residential, commercial, industrial, food 

service, and transportation applications. 

Carrier would like to initiate the 

marketing and sale of the SMMSi 

systems as early as March 2011. Carrier 

will import the systems from two of its 

joint ventures: Toshiba Carrier 

Corporation (Japan) and Toshiba Carrier 

Thailand Co. Ltd. 

Carrier’s SMMSi VRF multi-split 

products contain design characteristics 

that prevent testing of the system using 

the procedures incorporated by 

reference at 10 CFR 431.96, ARI 

Standard 340/360–2004. This standard 

does not provide a feasible method of 

testing and rating a system that: (i) 

Utilizes multiple indoor and outdoor 

units; and (ii) allows for the mixing of 

different types and capacities of indoor 

units within the same system. Carrier’s 

products that are the subject of this 

petition and application involve 7 

unique outdoor models 2 and 43 unique 

indoor models. A single outdoor model 

can be connected to up to 38 indoor 

units. Moreover, the various indoor and 

outdoor models can be connected in a 

multitude of configurations. Simply put, 

there are many thousands of possible 

combinations. 

A waiver and interim waiver for 

Carrier’s SMMSi systems are warranted 

for reasons cited previously in other 

applications for waiver for similar 

commercial multi-split air conditioning 

systems. The two key reasons are, first, 

that testing laboratories are unable to 

test products with so many indoor units 

(up to 38) connected to an outdoor 

system. Second, there are too many 

possible combinations of indoor and 

outdoor units to be feasibly tested. In 

addition, DOE has granted waivers to 

numerous other comparable 

commercial, multi-split VRF systems, 

including Mitsubishi Electric & 

Electronics USA, 72 FR 17528 (Apr. 9, 

2007); Samsung, 72 FR 71387 (Dec. 17, 

2007); Fujitsu, 72 FR 71383 (Dec. 17, 

2007); SANYO North America Corp., 75 

FR 41845 (July 19, 2010); LG Electronics 

U.S.A., Inc., 74 FR 66330 (Dec. 15, 

2009); and Daikin AC (Americas), 74 FR 

16373 (Apr. 10, 2009). 

Basic Models for Which a Waiver Is 

Requested 

Carrier seeks a waiver from the test 

procedures in 10 CFR 431.96 for the 

following basic models: 

Standard model outdoor units: 

MMY–MAP0724HT9UL, with a capacity of 

72,000 Btu/hr 

MMY–MAP0964HT9UL, with a capacity of 

96,000 Btu/hr 

MMY–MAP1144HT9UL, with a capacity of 

114,000 Btu/hr 

MMY–AP1444HT9UL, with a capacity of 

144,000 Btu/hr 

MMY–AP1684HT9UL, with a capacity of 

168,000 Btu/hr 

MMY–AP1924HT9UL, with a capacity of 

192,000 Btu/hr 

MMY–AP2284HT9UL, with a capacity of 

220,000 Btu/hr 

All outdoor units identified above are 

compatible for use with the below listed 

indoor units, whose capacities range 

from 7,000 to 48,000 Btu/hr: 

4-way cassette 

MMU–AP0182H2UL, MMU–AP0212H2UL, 

MMU–AP0242H2UL, MMU– 

AP0302H2UL, MMU–AP0362H2UL, and 

MMU–AP0422H2UL 

Compact 4-way cassette 

MMU–AP0071MH2UL, MMU– 

AP0091MH2UL, MMU–AP0121MH2UL, 

MMU–AP0151MH2UL, and MMU– 

AP0181MH2UL 

Ceiling 

MMC–AP0181H2UL, MMC–AP0241H2UL, 

MMC–AP0361H2UL, and MMC– 

AP0421H2UL 

High-wall 

MMK–AP0073H2UL, MMK–AP0093H2UL, 

MMK–AP0123H2UL, MMK– 

AP0153H2UL, MMK–AP0183H2UL, and 

MMK–AP0243H2UL 

Slim ducted 

MMD–AP0071SPH2UL, MMD– 

AP0091SPH2UL, MMD– 

AP0121SPH2UL, MMD– 

AP0151SPH2UL, and MMD– 

AP0181SPH2UL 

Medium static ducted 

MMD–AP0071BH2UL, MMD– 

AP0091BH2UL, MMD–AP0121BH2UL, 

MMD–AP0151BH2UL, MMD– 

AP0181BH2UL, MMD–AP0211BH2UL, 

MMD–AP0241BH2UL, MMD– 

AP0301BH2UL, MMD–AP0361BH2UL, 

MMD–AP0421BH2UL, and MMD– 

AP0481BH2UL 

High static ducted 


srobinson on DSKHWCL6B1PROD with NOTICES
19764 Federal Register / Vol. 76, No. 68 / Friday, April 8, 2011 / Notices 

MMD–AP0151H2UL, MMD–AP0181H2UL, 

MMD–AP0241H2UL, MMD– 

AP0301H2UL, MMD–AP0361H2UL, and 

MMD–AP0481H2UL 

SMMSi System Characteristics 

Constituting the Grounds for Carrier’s 

Petition 

Carrier’s SMMSi VRF multi-split 

products allow for the connection of 

multiple indoor units to an outdoor 

system comprised of one or two outdoor 

units. These units contain highly 

efficient twin-rotary compressors and 

advanced vector-controlled inverters to 

allow for greater operating performance 

when operating under a constant load. 

This improves both energy efficiency 

and comfort levels. In addition, the 

products’ infinite variable control 

adjusts compressor rotation speed in 0.1 

Hz steps, which further helps to 

minimize energy loss when changing 

frequencies and also creates a 

comfortable environment subject to 

minimal temperature variations. 

Carrier’s newly developed VRF 

control ensures the right amount of 

cooling or heating to satisfy the unique 

demands of each room, regardless of the 

type of indoor unit used or the length 

of the pipes. Moreover, system layouts 

can use a maximum equivalent distance 

of up to 985 feet, and Carrier’s products 

can support height differences of up to 

130 feet between indoor units within a 

single system. 

VRF multi-split technology will help 

the United States reduce the amount of 

energy required to heat and cool 

buildings. Carrier looks forward to 

introducing its SMMSi products to 

improve the control and comfort of end 

users and to help decrease the nation’s 

overall energy usage. 

As indicated above, DOE has 

previously granted waivers and interim 

waivers to other manufacturers of 

similar VRF multi-split equipment that 

share the same basic system 

characteristics as that of Carrier’s 

SMMSi products. See, e.g., 75 FR 41845 

(July 19, 2010) (order granting Sanyo’s 

petition for waiver); 74 FR 66330 (Dec. 

15, 2009) (order granting LG’s petition 

for waiver); 74 FR 16373 (Apr. 10, 2009) 

(order granting Daikin’s petition for 

waiver); 72 FR 71387 (Dec. 17, 2007) 

(order granting Samsung’s petition for 

waiver); 72 FR 71383 (Dec. 17, 2007) 

(order granting Fujitsu’s petition for 

waiver); 72 FR 17528 (Apr. 9, 2007) 

(order granting Mitsubishi’s petition for 

waiver); see also 75 FR 13114) (Mar. 18, 

2010) (granting Sanyo’s application for 

interim waiver); 74 FR 66324 (Dec. 15, 

2009) (granting Daikin’s application for 

interim waiver); 74 FR 20688 (May 5, 

2009) (granting LG’s application for 

interim waiver); 71 FR 14858 (Mar. 24, 

2006) (granting Mitsubishi’s application 

for interim waiver). 

Specific Testing Requirements Sought 

To Be Waived 

Carrier’s petition seeks a waiver from 

the applicable test procedures set forth 

at 10 CFR 431.96. Specifically, Carrier 

petitions for waiver from the test 

conditions and procedures of ARI 

Standard 340/360–2004 for its SMMSi 

products with nominal capacity greater 

than or equal to 65,000 BTU/hr, but less 

than 760,000 BTU/hr. 

Identity of Manufacturers of Similar 

Basic Models 

To the best of Carrier’s knowledge, the 

following manufacturers currently 

market similar VRF products within the 

United States: 

Daikin AC (Americas), Inc. 

Fujitsu General America, Inc. 

LG Electronics U.S.A., Inc. 

Mitsubishi Electric & Electronics 

USA, Inc. 

SANYO North America Corp. 

Alternate Testing Procedures 

Carrier requests that DOE approve as 

an alternate test procedure the 

procedures outlined in the current AHRI 

Standard 1230, Performance Rating of 

Variable Refrigerant Flow (VRF) MultiSplit Air-Conditioning and Heat Pump 

Equipment Standard. These procedures 

are substantially similar to those that 

DOE has applied in the VRF waivers 

granted to date, with changes intended 

to make the efficiency ratings based on 

the standard more comparable to other 

types of equipment that could be used 

in place of VRF systems. This requested 

alternate testing procedure is 

appropriate for several reasons. First, 

AHRI plans to launch a VRF 

certification program based on AHRI 

Standard 1230. Second, ASHRAE has 

specified AHRI Standard 1230 as the 

test standard for VRF systems in 

ASHRAE Standard 90.1–2010, which 

establishes efficiency requirements for 

VRF systems. Notably, in a previous 

waiver proceeding (75 FR 25,224, 

25,226 (May 7, 2010)) Carrier 

commented that DOE should require 

similar products to be tested per AHRI 

1230. DOE responded that AHRI 1230 

had not yet been adopted by ASHRAE. 

This is no longer the case. 

Adopting Standard 1230 as an 

alternate test procedure would eliminate 

the need for Carrier to test the SMMSi 

system using two different testing 

protocols. If DOE applies something 

other than Standard 1230, Carrier would 

have to test its systems using: (i) AHRI 

Standard 1230 to receive AHRI 

certification and to show compliance 

with the efficiency levels in ASHRAE 

90.1; and (ii) whatever alternate test 

procedure that DOE requires as a 

condition of granting this waiver 

request. Third, given the requirements 

for varying interconnecting tube lengths 

with system capacity, the latest edition 

of Standard 1230 provides a more 

accurate comparison of the energy 

efficiency ratings of VRF products and 

non-VRF alternative systems than do the 

alternate procedures that DOE has 

previously applied in other waiver 

approvals. 

Application for Interim Waiver 

Pursuant to 10 CFR 431.401(a)(2), 

Carrier also submits an Application for 

Interim Wavier of 10 CFR 431.96 and 

ARI Standard 340/360–2004 for the 

SMMSi VRF multi-split models listed in 

Section II above. Carrier’s application 

should be granted for the following 

reasons. 

First, Carrier is likely to succeed on 

its Petition for Wavier because there is 

no reasonable argument that ARI 

Standard 340/360–2004 can be applied 

to its SMMSi product class. Existing 

testing facilities are not designed to test 

multi-split VRF systems with so many 

indoor and outdoor units and possible 

combinations. Indeed, as explained 

above, DOE has granted similar 

petitions for waiver and applications for 

interim waiver from several companies 

based on the same rationale offered by 

Carrier in this Petition and Application. 

Those prior approvals confirm that the 

test procedures incorporated by 

reference into 10 CFR 431.96 do not 

adequately define uniform testing and 

rating methods for VRF multi-split 

products. 

Second, Carrier is likely to suffer 

economic hardship and a competitive 

disadvantage if DOE does not grant its 

application for interim waiver. Other 

manufacturers of similar products have 

already received waivers and are able to 

market and distribute their VRF multisplit products. Without an interim 

waiver, Carrier will be unable to 

introduce its SMMSi product line in the 

United States in March 2011 as 

currently planned. A significant portion 

of Carrier’s projected revenues depends 

on the timely introduction of this 

product line into the United States 

market. In the event that Carrier must 

await completion of DOE’s waiver 

process, its revenues and market share 

will be negatively affected. 

Finally, Carrier’s application for 

interim waiver is supported by sound 

public policy reasons, as DOE recently 

recognized in granting a similar 

application: ‘‘[I]n those instances where 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 68 / Friday, April 8, 2011 / Notices 19765 

the likely success of the Petition for 

Waiver has been demonstrated, based 

upon DOE having granted a waiver for 

similar products design, it is in the 

public interest to have similar products 

tested and rated for energy consumption 

on a comparable basis.’’ 73 FR at 1215. 

Moreover, Carrier’s SMMSi products 

will increase system efficiency, reduce 

national energy usage, and benefit end 

users in the United States. 

Confidential Information 

Carrier makes no request to DOE 

regarding the confidential treatment of 

any information contained in this 

Petition for Waiver and Application for 

Interim Waiver. 

Conclusion 

Carrier respectfully requests that DOE 

grant a waiver and interim waiver from 

existing test procedures applicable to 

Carrier’s SMMSi VRF multi-split 

systems and to apply the alternate 

testing procedures described above until 

such time as a representative test 

procedure is developed and adopted for 

such products. Otherwise, Carrier will 

not be able to compete effectively in the 

United States VRF market. 

Given that Carrier would like to 

introduce its SMMSi product line in 

March 2011 and that DOE’s regulations 

contemplate a decision on Carrier’s 

Application for Interim Waiver within 

15 business days, 10 CFR 431.401(e), 

Carrier would greatly appreciate a 

timely response to this letter request. To 

that end, we would be happy promptly 

to answer any questions that you might 

have and to provide you with any 

needed additional information. 

Carrier certifies that all manufacturers 

listed above in Section V of this request 

have been notified by letter of this 

petition and application. 

Sincerely, 

Carrier Corporation, 

Dr. John Galbraith, 

VP for RCS Engineering. 

[FR Doc. 2011–8401 Filed 4–7–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 5679–031] 

Toutant Hydropower Inc.; Notice of 

Application Accepted for Filing, 

Soliciting Comments, Motions To 

Intervene, and Protests 

Take notice that the following 

hydroelectric application has been filed 

with the Commission and is available 

for public inspection: 

a. Types of Application: Amendment 

of License. 

b. Project No.: 5679–031. 

c. Date Filed: October 12, 2010. 

d. Applicant: Toutant Hydropower 

Inc. 

e. Name of Project: M.S.C. (Toutant) 

Hydroelectric Project. 

f. Location: The project is located on 

the Quinebaugh River, in Windham 

County, Connecticut. 

g. Filed Pursuant to: Federal Power 

Act, 16 U.S.C. 791a–825r. 

h. Applicant Contact: Roland Toutant, 

Toutant Hydropower, Inc., 80 Bungay 

Hill Road, Woodstock, CT 06281, (860) 

974–2099. 

i. FERC Contact: Mr. Jeremy Jessup, 

(202) 502–6779, Jeremy.Jessup@ferc.gov. 

j. Deadline for filing comments, 

motions to intervene, and protests, is 30 

days from the issuance date of this 

notice. All documents may be filed 

electronically via the Internet. See, 18 

CFR 385.2001(a)(1)(iii) and the 

instructions on the Commission’s Web 

site at http://www.ferc.gov/docs-filing/

efiling.asp. If unable to be filed 

electronically, documents may be paperfiled. To paper-file, an original and 

seven copies should be mailed to: 

Secretary, Federal Energy Regulatory 

Commission, 888 First Street, NE., 

Washington, DC 20426. Commenters 

can submit brief comments up to 6,000 

characters, without prior registration, 

using the eComment system at http://

www.ferc.gov/docs-filing/

ecomment.asp. You must include your 

name and contact information at the end 

of your comments. 

Please include the project number (P– 

5679–031) on any comments, motions, 

or recommendations filed. 

k. Description of Request: The 

applicant proposes to amend the license 

to reflect one refurbished and reinstalled small ‘‘fire pump’’ turbine 

direct coupled to a 120 kilowatt, 2300 

volt, AC synchronous vertically 

mounted generator. The ‘‘fire pump’’ 

turbine is located in the southwest 

corner of the existing turbine pit. The 

‘‘fire pump’’ turbine has a rated 

maximum hydraulic capacity of 106 

cubic feet per second. All of the work 

to refurbish and re-install the turbine 

and install the generator occurred 

within the existing hydropower faculty. 

l. Locations of the Application: A 

copy of the application is available for 

inspection and reproduction at the 

Commission’s Public Reference Room, 

located at 888 First Street, NE., Room 

2A, Washington, DC 20426, or by calling 

(202) 502–8371. This filing may also be 

viewed on the Commission’s Web site at 

http://www.ferc.gov/docs-filing/

elibrary.asp. Enter the docket number 

excluding the last three digits in the 

docket number field to access the 

document. You may also register online 

at http://www.ferc.gov/docs-filing/

esubscription.asp to be notified via email of new filings and issuances 

related to this or other pending projects. 

For assistance, call 1–866–208–3676 or 

e-mail FERCOnlineSupport@ferc.gov, 

for TTY, call (202) 502–8659. A copy is 

also available for inspection and 

reproduction at the address in item (h) 

above. 

m. Individuals desiring to be included 

on the Commission’s mailing list should 

so indicate by writing to the Secretary 

of the Commission. 

n. Comments, Protests, or Motions To 

Intervene: Anyone may submit 

comments, a protest, or a motion to 

intervene in accordance with the 

requirements of Rules of Practice and 

Procedure, 18 CFR 385.210, .211, .214. 

In determining the appropriate action to 

take, the Commission will consider all 

protests or other comments filed, but 

only those who file a motion to 

intervene in accordance with the 

Commission’s Rules may become a 

party to the proceeding. Any comments, 

protests, or motions to intervene must 

be received on or before the specified 

comment date for the particular 

application. 

o. Filing and Service of Responsive 

Documents: Any filing must (1) Bear in 

all capital letters the title 

‘‘COMMENTS’’, ‘‘PROTEST’’, or 

‘‘MOTION TO INTERVENE’’ as 

applicable; (2) set forth in the heading 

the name of the applicant and the 

project number of the application to 

which the filing responds; (3) furnish 

the name, address, and telephone 

number of the person protesting or 

intervening; and (4) otherwise comply 

with the requirements of 18 CFR 

385.2001 through 385.2005. All 

comments, motions to intervene, or 

protests must set forth their evidentiary 

basis and otherwise comply with the 

requirements of 18 CFR 4.34(b). All 

comments, motions to intervene, or 

protests should relate to project works 

which are the subject of the license 

surrender. Agencies may obtain copies 

of the application directly from the 

applicant. A copy of any protest or 

motion to intervene must be served 

upon each representative of the 

applicant specified in the particular 

application. If an intervener files 

comments or documents with the 

Commission relating to the merits of an 

issue that may affect the responsibilities 

of a particular resource agency, they 

must also serve a copy of the document 


srobinson on DSKHWCL6B1PROD with NOTICES