[Federal Register Volume 76, Number 66 (Wednesday, April 6, 2011)]
[Notices]
[Pages 19078-19087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8145]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. CAC-030]


Energy Conservation Program for Certain Industrial Equipment: 
Publication of the Petition for Waiver From Mitsubishi Electric and 
Electronics USA, Inc. 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.

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SUMMARY: This notice announces receipt of and publishes a petition for 
waiver from Mitsubishi Electric and Electronics USA, Inc. (Mitsubishi). 
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 additional indoor units of the Mitsubishi 
variable

[[Page 19079]]

capacity WR2, WY and S&L Class (commercial) multi-split heat pumps. 
Through this document, DOE: Solicits comments, data, and information 
with respect to the Mitsubishi petition; and announces the grant of an 
interim waiver to Mitsubishi 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 Mitsubishi petition until, but no later than May 6, 2011.

ADDRESSES: You may submit comments, identified by case number ``CAC-
030,'' by any of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#bdfceee2eadcd4cbd8cfe2efd8ccc8d8cec9cefdd8d893d9d2d893dad2cb"><span class="__cf_email__" data-cfemail="7435272b23151d0211062b26110501110700073411115a101b115a131b02">[email protected]</span></a>. Include the case 
number [CAC-030] in the subject line of the message.
    <bullet> Mail: Ms. Brenda Edwards, U.S. Department of Energy, 
Building Technologies Program, Mailstop EE-2J/1000 Independence Avenue, 
SW., Washington, DC 20585-0121. Telephone: (202) 586-2945. Please 
submit one signed original paper copy.
    <bullet> 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 Building, 1000 Independence Avenue, SW., Washington, DC 
20585-0121. Telephone: (202) 586-9611. E-mail: <a href="/cdn-cgi/l/email-protection#5110020e0630382734230e03342024342225221134347f353e347f363e27"><span class="__cf_email__" data-cfemail="f6b7a5a9a1979f809384a9a493878393858285b69393d8929993d8919980">[email protected]</span></a>.
    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:<a href="/cdn-cgi/l/email-protection#20654c495a41424554480e6b4f484c6048510e444f450e474f56"><span class="__cf_email__" data-cfemail="62270e0b18030007160a4c290d0a0e220a134c060d074c050d14">[email protected]</span></a>.

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)
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part C was re-designated Part A-1.
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    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 air-conditioning and heating equipment, EPCA 
provides that ``the test procedures shall be those generally accepted 
industry testing procedures or rating procedures developed or 
recognized by the Air-Conditioning and Refrigeration Institute [ARI] or 
by the American Society of Heating, Refrigerating and Air-Conditioning 
Engineers [ASHRAE], as referenced in ASHRAE/IES Standard 90.1 and in 
effect on June 30, 1992.'' (42 U.S.C. 6314(a)(4)(A)) Under 42 U.S.C. 
6314(a)(4)(B), the statute further directs the Secretary to amend the 
test procedure for 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 test procedures applicable to small 
commercial packaged air conditioning and heating water-source heat 
pumps, with capacities less than 135,000 Btu/h, are those included in 
ISO Standard 13256-1 (1998). The capacities of Mitsubishi's WR2 and WY 
CITY MULTI water-source products covered by this petition fall in that 
range. 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 under 10 CFR 431.96. The capacities of 
Mitsubishi's S&L Class CITY MULTI commercial products fall in that 
range.
    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

[[Page 19080]]

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 18, 2011, Mitsubishi filed an application for interim 
waiver and a petition for waiver from the test procedures under 10 CFR 
431.96 that apply to commercial package air and water-source air 
conditioners and heat pumps. Mitsubishi's petition requests a waiver 
from the applicable test procedures for its additional indoor models to 
be used with the WR2 and WY Series and S&L Class CITY MULTI products.
    On December 15, 2009, DOE granted Mitsubishi waivers from the DOE 
commercial air conditioner and heat pump test procedures for 
Mitsubishi's WR2 and WY Series products and the S&L Class products. 74 
FR 66311, 66315. Mitsubishi's February 18, 2011 petition lists 
additional models of indoor units for these multi-split systems. These 
include models in existing model families that have capacities not 
previously offered, as well as new indoor model families to be used 
with these systems. These additional indoor models face the same 
testing challenges as the models already covered by the WR2 and WY 
Series Waiver and the S&L Class Waiver.
    Mitsubishi seeks a waiver from the applicable test procedures under 
10 CFR 431.96 on the grounds that its WR2, WY and S&L Class multi-split 
heat pumps contain design characteristics that prevent testing 
according to the current DOE test procedures. DOE granted the WR2 and 
WY Series products a waiver because the basic model of these products 
contains one or more design characteristics that prevent testing of the 
basic model according to the prescribed test procedures. DOE made the 
same finding with respect to the S&L Class products, stating that the 
existing testing facilities have limited ability to test multiple 
indoor units at one time, and that the number of possible combinations 
of indoor and outdoor units is impractical to test, and thus granted 
Mitsubishi's requested waiver. The additional indoor models that are 
the subject of this petition would be used just as the products covered 
by the WR2 and WY Series Waiver and the S&L Class Waiver, and thus 
present exactly the same testing challenges.
    As DOE found in its grant of the WR2 and WY Series Waiver and the 
S&L Class Waiver, indoor models are not the primary efficiency drivers 
for these systems--the primary efficiency drivers are the outdoor 
units. Mitsubishi is not proposing to add new outdoor units to the WR2 
and WY Series Waiver and S&L Class Waiver. The indoor units described 
above will be combined with the same outdoor unit models covered by the 
prior waivers to create multi-split systems.

III. Application for Interim Waiver

    On February 18, 2011, Mitsubishi also submitted an application for 
an interim waiver from the test procedures at 10 CFR 431.96 for its 
specified WR2, WY, and S&L equipment. DOE determined that Mitsubishi'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 Mitsubishi 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, Mitsubishi's products would not be tested and rated for 
energy consumption in the same manner as similar products for which DOE 
previously granted waivers. Furthermore, DOE has determined that it 
appears likely that Mitsubishi's petition for waiver will be granted 
and that is desirable for public policy reasons to grant Mitsubishi 
immediate relief pending a determination on the petition for waiver. 
DOE believes that it is likely Mitsubishi's petition for waiver for the 
new WR2, WY and S&L Class multi-split models will be granted because 
DOE has previously granted a number of waivers for similar product 
designs. The two principal reasons supporting the grant of the previous 
waivers also apply to Mitsubishi's WR2, WY and S&L Class 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 Mitsubishi is hereby 
granted for Mitsubishi's WR2, WY and S&L Class multi-split heat pumps, 
subject to the specifications and conditions below.
    1. Mitsubishi shall not be required to test or rate its WR2, WY and 
S&L Class commercial multi-split products on the basis of the existing 
test procedures under 10 CFR 431.96, which incorporates by reference 
ARI 340/360-2004 (S&L Class) and ISO Standard 13256-1 (1998) (WR2 and 
WY classes).
    2. Mitsubishi shall be required to test and rate its WR2, WY and 
S&L Class 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 indoor units:
    <bullet> PCFY--Series--Ceiling Suspended--with a capacity of 15 
MBtu/h
    <bullet> PEFY Series--Ceiling Concealed Ducted (Low Profile)--with 
a capacity of 15 MBtu/h
    <bullet> PKFY Series--Wall Mounted--with a capacity of 15 MBtu/h
    <bullet> PLFY Series--4-Way Airflow Ceiling Cassette--with a 
capacity of 15 MBtu/h
    <bullet> The PEFY-AF Series--100% outdoor air ventilation systems 
(Concealed ducted)--PEFY-AF1200CFM/CFMR**--with a maximum outside air 
ventilation capability of 1200 CFM
    <bullet> The PVFY Series-Vertical air handler (Concealed ducted)--
with capacities of 12/18/24/30/36/42/48/54 MBtu/h
    <bullet> PWFY Series--Commercial Hot Water Heat Pump Indoor Units--
with capacities of 36/72 MBtu/h and 36 MBtu/h with booster unit.
    <bullet> PEFY Series--Ceiling Concealed Ducted--with capacities of 
06/08/12/15/18/24/27/30/36/48 MBtu/h
    <bullet> PLFY Series--2'-by-2' frame 4-Way Airflow Ceiling 
Cassette--with capacities of 8/12/15 MBtu/h
    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. MEUS 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

[[Page 19081]]

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 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. The same alternate test procedure was specified in the 
December 15, 2009 waivers. For reasons similar to those published in 
these prior notices, DOE believes that an alternate test procedure is 
appropriate in this instance.
    We further note that after DOE granted a waiver for Mitsubishi's 
multi-split 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) Multi-Split 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 AHRI 1230-2010. The waivers use a 
definition of ``tested combination'' that is substantially the same as 
the definition in 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 Mitsubishi 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 
Mitsubishi, DOE is including an alternate test procedure similar to 
those granted to Mitsubishi in its previous waivers and identical to 
the ones granted on December 15, 2009. This alternate test procedure 
will allow Mitsubishi to test and make energy efficiency 
representations for its WR2, WY and S&L Class 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 Mitsubishi to designate a ``tested 
combination'' for each model of outdoor unit. The indoor units 
designated as part of the tested combination must meet specific 
requirements. For example, the tested combination must have 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 larger-
capacity 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 air-conditioning and 
heat pump products.
    DOE plans to consider inclusion of the following waiver language in 
the decision and order for Mitsubishi's WR2, WY and S&L Class 
commercial multi-split water-source heat pump models:

    Mitsubishi shall not be required to test or rate its WR2, WY and 
S&L Class commercial multi-split heat pumps according to the 
existing test procedures under Table 1 of 10 CFR 431.96, which 
incorporates by reference the Air-Conditioning and Refrigeration 
Institute (ARI) Standard 340/360-2004 for the air-source S&L Class 
products, and ISO Standard 13256-1998 for the water-source WR2 and 
WY Series products. Mitsubishi will be required, however, to test 
and rate its WR2, WY and S&L Class commercial multi-split heat pumps 
covered in this waiver according to the alternate test procedure as 
set forth below:
    (A) Mitsubishi shall be required to test the basic models of 
WR2, WY and S&L Class water and air-source outdoor units and 
compatible indoor units listed in its petition for waiver dated 
February 18, 2011, according to the test procedures for commercial 
central air conditioners and heat pumps prescribed under 10 CFR 
431.96, except that Mitsubishi shall test a ``tested combination'' 
selected in accordance with the provisions of subparagraph (B). For 
every other system combination using the same outdoor unit as the 
tested combination, Mitsubishi shall make representations concerning 
the WR2, WY and S&L Class equipment covered in this interim waiver 
according to the provisions of subparagraph (C).
    (B) Tested combination. The term tested combination means a 
sample basic model comprised of units that are production units, or 
are representative of production units, of the basic model being 
tested. For the purposes of this waiver, the tested combination 
shall have the following features:
    (1) The basic model of a variable refrigerant flow system used 
as a tested combination shall consist of one outdoor unit, with one 
or more compressors, that is matched with between two and five 
indoor units. (For systems with nominal cooling capacities greater 
than 150,000 Btu/h, as many as eight indoor units may be used, so 
that non-ducted indoor unit combinations can also be tested.) For 
multi-split systems, each of these indoor units shall be designed 
for individual operation.
    (2) The indoor units shall--
    (i) Represent the highest sales model family or another indoor 
model family if the highest sales model family does not provide 
sufficient capacity (see ii);
    (ii) Together, have a nominal cooling capacity that is between 
95% and 105% of the nominal cooling capacity of the outdoor unit;
    (iii) Not, individually, have a nominal cooling capacity that is 
greater than 50% of the nominal cooling capacity of the outdoor 
unit;
    (iv) Operate at fan speeds that are consistent with the 
manufacturer's specifications; and
    (v) Be subject to the same minimum external static pressure 
requirement while being configurable to produce the same static 
pressure at the exit of each outlet plenum when manifolded as per 
section 2.4.1 of 10 CFR part 430, subpart B, appendix M.
    (C) Representations. In making representations about the energy 
efficiency of its WR2, WY and S&L Class variable capacity multi-
split heat pump products for compliance, marketing, or other 
purposes, Mitsubishi must fairly disclose the results of testing 
under the DOE test procedure in a manner consistent with the 
provisions outlined below:
    (1) For WR2, WY and S&L Class combinations tested in accordance 
with this alternate test procedure, Mitsubishi may make 
representations based on these test results.
    (2) For WR2, WY and S&L Class combinations that are not tested, 
Mitsubishi may make representations of non-tested combinations at 
the same energy efficiency level as the tested combination. The 
outdoor unit must be the one used in the tested combination. The 
representations must be based on the test results for the tested 
combination. The representations may also be determined by an 
Alternative Rating Method approved by DOE.


[[Page 19082]]



V. Summary and Request for Comments

    Through today's notice, DOE announces receipt of the Mitsubishi 
petition for waiver from the test procedures applicable to Mitsubishi's 
WR2, WY and S&L Class commercial multi-split heat pump products. For 
the reasons articulated above, DOE also grants Mitsubishi an interim 
waiver from those procedures. As part of this notice, DOE is publishing 
Mitsubishi's petition for waiver in its entirety. The petition contains 
no confidential information. Furthermore, today's notice includes an 
alternate test procedure that Mitsubishi is required to follow as a 
condition of its interim waiver. In this alternate test procedure, DOE 
is defining a tested combination that Mitsubishi could use in lieu of 
testing all retail combinations of its WR2, WY and S&L Class multi-
split heat pump products.
    DOE is interested in receiving comments on the issues addressed in 
this notice. Pursuant to 10 CFR 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: William Rau, Senior Vice President and General 
Manager, HVAC Advanced Products Division, Mitsubishi Electric & 
Electronics USA, Inc., 4300 Lawrenceville-Suwanee Road, Suwanee, GA 
30024. 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 18, 2011

The Honorable Cathy Zoi, Assistant Secretary for Energy Efficiency and 
Renewable Energy, U.S. Department of Energy, 1000 Independence Ave, 
SW., Washington, DC 20585-0121

Re: Update to Previously-Granted Test Procedure Waivers for CITY MULTI 
VRFZ WR2 and WY Series and S&L Class Air Conditioners and Heat Pumps

Dear Assistant Secretary Zoi:

    On December 15, 2009, the Department of Energy (DOE) granted 
Mitsubishi Electric & Electronics USA, Inc. (MEUS) a waiver from the 
DOE commercial air conditioner and heat pump test procedures for MEUS's 
WR2 and WY Series products \1\ and the S&L Class products.\2\ These 
products are part of MEUS's CITY MULTI Variable Refrigerant Flow Zoning 
(VRFZ) line of multi-split central air conditioners and heat pumps. As 
explained in MEUS's petitions for waiver for the WR2 and WY Series and 
the S&L Class products, these systems cannot be tested according to the 
prescribed test procedures for commercial products. Pursuant to DOE's 
grant of the waivers, MEUS is not required to test or rate the products 
listed in the waivers based on the currently applicable test procedure. 
Instead, MEUS is required to test and rate these products according to 
the alternate test procedure set forth in the waivers.
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    \1\ Energy Conservation Program for Certain Industrial 
Equipment: Decision and Order Granting a Waiver to Mitsubishi 
Electric and Electronics USA, Inc. From the Department of Energy 
Commercial Package Water-Source Heat Pump Test Procedure, 74 Fed. 
Reg. 66311 (Dec. 15, 2009) (``WR2 and WY Series Waiver'').
    \2\ Energy Conservation Program for Certain Industrial 
Equipment: Decision and Order Granting a Waiver to Mitsubishi 
Electric & Electronics USA, Inc. From the Department of Energy 
Commercial Package Air Conditioner and Heat Pump Test Procedures, 74 
Fed. Reg. 66315 (Dec. 15, 2009) (``S&L Class Waiver'').
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    MEUS has now developed additional models of indoor units for these 
multi-split systems. These include both models in certain existing 
model families that have capacities not previously offered, as well as 
new indoor model families to be used with these systems. These 
additional indoor models face the same testing challenges as the models 
already covered by the WR2 and WY Series Waiver and the S&L Class 
Waiver. Specifically, they contain one or more design characteristic 
that prevents testing according to the test procedures. Therefore, MEUS 
respectfully requests that DOE update the list of models covered by the 
applicable test procedure waivers to cover these additional indoor 
models.\3\ MEUS simultaneously requests an interim waiver covering 
systems using these additional indoor models.
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    \3\ The existing WR2 and WY Series Waiver and S&L Class Waiver 
would remain in effect until DOE modifies those waivers in 
accordance with this request.
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    MEUS frames this request to update the list of models covered by 
two already-granted waivers pursuant to the requirements for granting 
new test procedure waivers.\4\ Given that this request simply addresses 
the addition of certain new indoor models for MEUS's WR2 and WY Series 
and the S&L Class products, and that DOE previously has granted waivers 
for the outdoor units and other indoor units for these systems, if DOE 
would prefer to utilize a procedurally simpler approach for updating 
the covered list of models, MEUS would welcome such an approach.
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    \4\ See 10 CFR Sec.  431.401.
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Background

    On October 30, 2006, MEUS submitted a Petition for Waiver from the 
test procedures applicable to the water-source WR2 and WY Series of its 
CITY MULTI VRFZ line of commercial package heat pump equipment. 
Mitsubishi sought a waiver from the applicable test procedures because 
the design characteristics of these models prevented testing according 
to the currently prescribed test procedures. Specifically, these models 
can connect an outdoor unit to many more indoor units than the test 
laboratories can physically test at one time, and it is not practical 
to test all of the potentially available combinations. DOE granted the 
requested waiver because ``the basic model [of these products] contains 
one or more design characteristics which * * * prevent testing of the 
basic model according to the prescribed test procedures.'' \5\ The 
waiver included an alternate test procedure pursuant to which MEUS must 
test and rate the products covered by the waiver.
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    \5\ WR2 and WY Series Waiver at 66313.
---------------------------------------------------------------------------

    On March 28, 2008, MEUS submitted a Petition for Waiver from the 
test procedures applicable to the S&L Class models from MEUS's CITY 
MULTI VRFZ line of commercial package heat pump equipment. MEUS based 
its request on the fact that the testing laboratories cannot test 
systems with so many indoor units, and that there are

[[Page 19083]]

too many possible combinations of indoor units with a single outdoor 
unit to test. DOE agreed with MEUS that the existing testing facilities 
have limited ability to test multiple indoor units at one time, and 
that the number of possible combinations of indoor and outdoor units is 
impractical to test, and thus granted MEUS's requested waiver.\6\ DOE 
approved an alternate test procedure pursuant to which MEUS must test 
and rate the models covered by the waiver.
---------------------------------------------------------------------------

    \6\ S&L Class Waiver at 66317.
---------------------------------------------------------------------------

New Indoor Models

    Both the WR2 and WY Series Waiver and the S&L Class Waiver covered 
the following indoor model families: (1) PCFY Series--Ceiling 
Suspended; (2) PEFY Series--Ceiling Concealed Ducted (Low Profile); (3) 
PKFY Series--Wall Mounted; and (4) PLFY Series--4-Way Airflow Ceiling 
Cassette. For each of these indoor model families, MEUS has developed 
an additional model with a capacity of 15 MBtu/h. At the time MEUS 
initially filed its petitions for waiver for the WR2 and WY Series and 
S&L Class products, this capacity product was not available. MEUS has 
developed this additional capacity product to meet customer demands for 
specialized applications.
    When MEUS originally applied for a waiver for its WR2 and WY Series 
and its S&L Class products, it only included those indoor units that 
were being produced at that time. MEUS has now developed new indoor 
model types to expand its CITY MULTI product line to offer consumers a 
greater variety of available indoor units to suit consumers' specific 
needs. MEUS plans to add five new types of indoor unit families to the 
line-up of indoor units that can be matched with the CITY MULTI outdoor 
units. The new indoor model families will be: (1) PEFY-AF; (2) PVFY; 
(3) PWFY; (4) PLFY Series--2'-by-2' frame 4-Way Airflow Ceiling 
Cassette; and (5) PEFY Series--Ceiling Concealed Ducted. The difference 
between these new indoor models and the models previously covered by 
the waivers relates to their application. All of the new models have 
been developed for specialized applications to meet consumers' unique 
demands.
    MEUS requests that the WR2 and WY Series Waiver and the S&L Class 
Waiver be updated to cover the following additional indoor units:
    <bullet> PCFY-Series-Ceiling Suspended--with a capacity of 15 MBtu/
h
    <bullet> PEFY Series-Ceiling Concealed Ducted (Low Profile)--with a 
capacity of 15 MBtu/h
    <bullet> PKFY Series-Wall Mounted--with a capacity of 15 MBtu/h
    <bullet> PLFY Series-4-Way Airflow Ceiling Cassette--with a 
capacity of 15 MBtu/h
    <bullet> The PEFY-AF Series--100% outdoor air ventilation systems 
(Concealed ducted)--PEFY-AF1200CFM/CFMR**--with a maximum outside air 
ventilation capability of 1200 CFM
    <bullet> The PVFY Series--Vertical air handler (Concealed ducted)--
with capacities of 12/18/24/30/36/42/48/54 MBtu/h
    <bullet> PWFY Series--Commercial Hot Water Heat Pump Indoor Units--
with capacities of 36/72 MBtu/h and 36 MBtu/h with booster unit.
    <bullet> PEFY Series--Ceiling Concealed Ducted--with capacities of 
06/08/12/15/18/24/27/30/36/48 MBtu/h
    <bullet> PLFY Series--2'-by-2' frame 4-Way Airflow Ceiling 
Cassette--with capacities of 8/12/15 MBtu/h
    For DOE's convenience, MEUS is attaching comprehensive lists of all 
of the models for the WR2 and WY Series and S&L Class systems that 
include the outdoor and indoor models covered by previously granted 
waivers in the WR2 and WY Series Waiver and the S&L Class Waiver, plus 
the additional indoor models that are the subject of this petition. 
MEUS respectfully requests that DOE replace, in its entirety, the lists 
of models included in the WR2 and WY Series Waiver and the S&L Class 
Waiver with the lists included as Attachment A and Attachment B to this 
petition upon grant of this waiver petition. Having an updated 
comprehensive list will assist DOE and market participants in easily 
keeping track of all of the WR2 and WY Series and S&L Class models that 
are subject to a DOE-granted waiver.

Test Procedures From Which Waiver Is Requested

    MEUS's petition requests waiver from the applicable test procedures 
for its additional indoor models to be used with the WR2 and WY Series 
and S&L Class CITY MULTI products.
    For the water source products, DOE's regulations provide the test 
procedures for small and large commercial package air conditioning and 
heating equipment.\7\ Pursuant to 10 CFR Sec.  431.96, the test 
procedures applicable to small commercial packaged air conditioning and 
heating water-source heat pumps, with capacities less than 135,000 Btu/
h, are those included in ISO Standard 13256-1 (1998).\8\ The capacities 
of MEUS's WR2 and WY CITY MULTI water-source products covered by this 
petition fall in that range. Therefore, MEUS requests waiver from ISO 
Standard 13256-1 (1998), as incorporated by reference in DOE's 
regulations for its WR2 and WY Series products.
---------------------------------------------------------------------------

    \7\ 10 CFR Sec.  431.96.
    \8\ 10 CFR Sec.  431.96, Table 1.
---------------------------------------------------------------------------

    MEUS's petition also requests waiver from the commercial test 
procedures for its S&L Class products. For commercial package air 
conditioning equipment with capacities between 65,000 and 760,000 Btu/
h, ARI Standard 340/360-2004 is the applicable test procedure under 10 
CFR Sec.  431.96. The capacities of MEUS's S&L Class CITY MULTI 
products sold for commercial use fall in that range. Therefore, MEUS 
requests waiver from ARI Standard 340/360-2004 as incorporated by 
reference in DOE's regulations for MEUS's S&L Class products.
    MEUS proposes to test and rate a tested combination for each 
individual outdoor unit of the WR2 and WY Series products and the S&L 
Class products pursuant to the applicable alternate test procedure 
already specified in the WR2 and WY Series Waiver and the S&L Class 
Waiver, as discussed below.

Need for Waiver of Test Procedures

    The Department's regulations contain provisions allowing a person 
to seek a waiver from the test procedure requirements for commercial 
equipment. These provisions are set forth in 10 CFR Sec.  431.401. The 
waiver provisions allow DOE to temporarily waive test procedures for a 
particular basic model when a petitioner shows that the basic model 
contains one or more design characteristics that prevent testing 
according to the prescribed test procedures, or when 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.\9\
---------------------------------------------------------------------------

    \9\ 10 CFR Sec.  431.401(a)(1).
---------------------------------------------------------------------------

    As explained above, DOE granted the WR2 and WY Series products a 
waiver because ``the basic model [of these products] contains one or 
more design characteristics which * * * prevent testing of the basic 
model according to the prescribed test procedures.'' \10\ DOE made the 
same finding with respect to the S&L Class products, stating that the 
existing testing facilities have limited ability to test multiple 
indoor units at one time, and that the number of possible combinations 
of indoor and outdoor units is impractical to test, and thus granted 
MEUS's requested

[[Page 19084]]

waiver.\11\ The additional indoor models that are the subject of this 
petition would be used just as the products covered by the WR2 and WY 
Series Waiver and the S&L Class Waiver, and thus present exactly the 
same testing challenges. Thus, DOE should grant the requested waiver.
---------------------------------------------------------------------------

    \10\ WR2 and WY Series Waiver at 66313.
    \11\ S&L Class Waiver at 66317.
---------------------------------------------------------------------------

    As DOE found in its grant of the WR2 and WY Series Waiver and the 
S&L Class Waiver, indoor models are not the primary efficiency drivers 
for these systems--the primary efficiency drivers are the outdoor 
units.\12\ MEUS is not proposing to add new outdoor units to the WR2 
and WY Series Waiver and S&L Class Waiver. The indoor units described 
above will be combined with the same outdoor unit models covered by the 
prior waivers to create VRFZ systems.
---------------------------------------------------------------------------

    \12\ ``DOE believes that allowing MEUS to make energy efficiency 
representations for non-tested combinations by adopting this 
alternative test procedure as described above is reasonable because 
the outdoor unit is the principal efficiency driver.'' S&L Class 
Waiver at 66317. See also WR2 and WY Series Waiver at 66313.
---------------------------------------------------------------------------

    It should be noted that these CITY MULTI products employ advanced 
technologies and their marketing will advance the goals of the Energy 
Policy and Conservation Act (EPCA) to promote energy efficiency. 
Testing procedures should not inhibit the commercial success of these 
products in the United States. Without a waiver of the test procedures, 
MEUS will be at a competitive disadvantage in the market. Consumers 
have come to expect the availability of the CITY MULTI products in the 
U.S. marketplace, and a significant number of engineers and contractors 
are currently requesting these WR2 and WY and S&L Class products for 
their projects because of the great advantages they offer. Thus, MEUS 
respectfully requests that DOE grant a waiver from the applicable test 
procedures.

Alternative Test Procedures

    Both the WR2 and WY Series Waiver and the S&L Class Waiver include 
alternate test procedures pursuant to which MEUS tests and rates its 
water source and S&L class products.\13\ No changes to those alternate 
test procedures are needed to cover the additional indoor units that 
are the subject of this petition. Therefore, MEUS requests that the 
products listed herein be subject to the same alternate test procedures 
as in the WR2 and WY Series Waiver and the S&L Class Waiver, as 
applicable.
---------------------------------------------------------------------------

    \13\ WR2 and WY Series Waiver at 66313; S&L Class Waiver at 
66317.
---------------------------------------------------------------------------

    For DOE's convenience, MEUS is reproducing the alternate test 
procedures included in the WR2 and WY Series Waiver and the S&L Class 
Waiver as Attachment C and Attachment D to this petition.

Similar Products

    To the best of our knowledge, water-source VRFZ products or 
products similar to MEUS's S&L Class products are also offered in the 
United States by Daikin AC (Americas), LG Electronics U.S.A., Inc., 
Fujitsu Gen America Inc, Samsung Electronics Company, LTD., and Sanyo 
Fisher (USA) Corp.

Application for Interim Waiver

    Pursuant to 10 CFR Sec.  431.401(a)(2), MEUS also submits an 
application for interim waiver of the applicable test procedures for 
the WR2 and WY CITY MULTI indoor models and the S&L Class indoor models 
listed above. DOE's regulations contain provisions allowing DOE to 
grant an interim waiver from the test procedure requirements to 
manufacturers that have petitioned the Department for a waiver of such 
prescribed test procedures.\14\ As DOE has stated, ``an Interim Waiver 
will be granted 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 
for the Petition for Waiver.'' \15\ MEUS will experience economic 
hardship if the application for interim waiver is denied. Additionally, 
precedent indicates that DOE will likely grant MEUS's petition for 
waiver. Finally, it is in the public interest to grant an interim 
waiver. Therefore, MEUS respectfully requests DOE to grant the 
application for interim waiver.
---------------------------------------------------------------------------

    \14\ 10 CFR Sec.  431.401(a)(2).
    \15\ Energy Conservation Program for Consumer Products: 
Publication of the Petition for Waiver and Granting of the 
Application for Interim Waiver of Samsung Air Conditioning From the 
DOE Residential and Commercial Package Air Conditioner and Heat Pump 
Test Procedures (Case No. CAC-009), 70 Fed. Reg. 9629 at 9630 (Feb. 
28, 2005). See 10 CFR Sec.  431.201(e)(3) (2005).
---------------------------------------------------------------------------

    MEUS plans to introduce the additional WR2 and WY Series and the 
S&L Class indoor models into the U.S. market soon. The procedure for 
granting a waiver is a time-consuming process--DOE must publish the 
request in the Federal Register, allow time for public comment, and 
then consider any comments before it makes a decision. Thus, the 
process typically takes a number of months. If an interim waiver is not 
granted, MEUS will suffer economic hardship because MEUS will be 
required to delay its introduction of these products to U.S. customers.
    In addition, DOE will likely grant MEUS's request to update the 
previously-granted waivers to include the products covered by this 
request. As described above, DOE has already granted a waiver for the 
WR2 and WY Series and S&L Class products. The indoor models that are 
the subject of this request include the same design characteristics 
that prevented testing of the basic model of the products listed in the 
WR2 and WY Series Waiver and the S&L Class Waiver. The best evidence 
that DOE is likely to grant this request is the fact that it previously 
granted similar waivers to MEUS and other manufacturers.\16\
---------------------------------------------------------------------------

    \16\ See WR2 and WY Series Waiver and the S&L Class Waiver. See 
also, Energy Conservation Program for Consumer Products: Decision 
and Order Granting a Waiver From the DOE Commercial Package Air 
Conditioner and Heat Pump Test Procedure to Mitsubishi Electric 
(Case No. CAC- 008), 69 Fed. Reg. 52660 (Aug. 27, 2004); Energy 
Conservation Program for Consumer Products: Decision and Order 
Granting a Waiver From the Department of Energy (DOE) Residential 
and Commercial Package Air Conditioner and Heat Pump Test Procedures 
to Mitsubishi Electric, and Modification of a 2004 Waiver Granted to 
Mitsubishi Electric From the Same DOE Test Procedures (Case No. CAC-
012), 72 Fed. Reg. 17528 (Apr. 9, 2007); Energy Conservation Program 
for Consumer Products: Decision and Order Granting a Waiver to 
Fujitsu General From the Department of Energy Residential Central 
Air Conditioner and Heat Pump Test Procedure [Case No. CAC-010], 72 
Fed. Reg. 71383 (Dec. 17, 2007); Energy Conservation Program for 
Consumer Products: Decision and Order Granting a Waiver to Samsung 
Air Conditioning From the Department of Energy Residential and 
Commercial Package Air Conditioner and Heat Pump Test Procedures 
[Case No. CAC-009], 72 FR 71387 (Dec. 17, 2007); Energy Conservation 
Program for Consumer Products: Decision and Order Granting a Waiver 
to Daikin U.S. Corporation From the Department of Energy Commercial 
Package Air Conditioner and Heat Pump Test Procedures and Denying a 
Waiver From the Residential Central Air Conditioner and Heat Pump 
Test Procedures, 73 Fed. Reg. 39680 (July 10, 2008); Energy 
Conservation Program for Commercial Equipment: Decision and Order 
Granting a Waiver to Daikin AC (Americas), Inc. From the Department 
of Energy Commercial Package Air Conditioner and Heat Pump Test 
Procedures, 74 Fed. Reg. 15955 (Apr. 8, 2009); Energy Conservation 
Program for Commercial Equipment: Decision and Order Granting a 
Waiver to Sanyo Fisher Company From the Department of Energy 
Commercial Package Air Conditioner and Heat Pump Test Procedure and 
Denying a Waiver From the Residential Central Air Conditioner and 
Heat Pump Test Procedure, 74 Fed. Reg. 16193 (Apr. 9, 2009); Energy 
Conservation Program for Certain Industrial Equipment: Decision and 
Order Granting a Waiver to Daikin AC (Americas), Inc. From the 
Department of Energy Commercial Package Water-Source Air Conditioner 
and Heat Pump Test Procedure, 74 FR 16373 (Apr. 10, 2009); Energy 
Conservation Program for Commercial Equipment: Decision and Order 
Granting a Waiver to Daikin AC (Americas), Inc. (Daikin) From the 
Department of Energy Commercial Package Air Conditioner and Heat 
Pump Test Procedures, 75 Fed. Reg. 22581 (Apr. 29, 2010); and Energy 
Conservation Program for Certain Commercial and Industrial 
Equipment: Decision and Order Granting a Waiver to Sanyo North 
America Corporation From the Department of Energy Commercial Package 
Air Conditioner and Heat Pump Test Procedures, 75 Fed. Reg. 41845 
(July 19, 2010);

---------------------------------------------------------------------------

[[Page 19085]]

    Finally, DOE's regulations state that the Assistant Secretary may 
grant an interim waiver if he determines that it would be desirable for 
public policy reasons to grant immediate relief pending a determination 
for the Petition for Waiver. In response to MEUS's Application for 
Interim Waiver for its WR2 and WY products, DOE stated that ``in those 
instances where the likely success of the Petition for Waiver has been 
demonstrated, based upon DOE having granted a waiver for a similar 
product design, it is in the public interest to have similar products 
tested and rated for energy consumption on a comparable basis.'' \17\ 
The same conclusion should be reached with respect to the additional 
indoor models listed in this petition. These products will suffer the 
same testing obstacles as the products covered by the earlier waivers. 
Therefore, since it is in the public interest to have similar products 
tested and rated on a comparable basis, DOE should grant MEUS's 
Application for Interim Waiver.
---------------------------------------------------------------------------

    \17\ Energy Conservation Program for Consumer Products: 
Publication of the Petition for Waiver and Granting of the 
Application for Interim Waiver of Mitsubishi Electric From the DOE 
Commercial Water Source Heat Pump Test Procedure [Case No. CAC-015], 
72 Fed. Reg. 17533 at 17535 (Apr. 9, 2007).
---------------------------------------------------------------------------

Conclusion

    MEUS respectfully requests that DOE update the list of models 
covered by WR2 and WY Series Waiver and the S&L Class Waiver to cover 
the additional indoor models listed in this request. DOE should grant 
this request because the list of covered products, as updated, 
``contain[] one or more design characteristics which * * * prevent 
testing of the basic model according to the prescribed test 
procedures.'' \18\ MEUS further requests DOE to grant its request for 
an interim waiver while this request is pending.
---------------------------------------------------------------------------

    \18\ 10 CFR Sec.  431.201(a)(1) (2005).
---------------------------------------------------------------------------

    If you have any questions or would like to discuss this request, 
please contact Paul Doppel, at (678) 376-2923, or Douglas Smith at 
(202) 298-1902. We greatly appreciate your attention to this matter.

Sincerely,

William Rau, Senior Vice President and General Manager, HVAC Advanced 
Products Division, Mitsubishi Electric & Electronics USA, Inc., 4300 
Lawrenceville-Suwanee Road, Suwanee, GA 30024.
Attachments

CERTIFICATE

    I hereby certify that I have this day served the foregoing Petition 
for Waiver and Application for Interim Waiver upon the following 
companies known to Mitsubishi Electric & Electronics USA, Inc. to 
currently market systems in the United States that appear to be similar 
to the WR2 and WY Series or the S&L CITY MULTI VRFZ system design. I 
have notified these manufacturers that the Assistant Secretary for 
Energy Efficiency and Renewable Energy will receive and consider timely 
written comments on the Application for Interim Waiver.

Daikin AC (Americas), Inc., 1645 Wallace Drive, Suite 110, Carrollton, 
TX 75006, Attn: Mike Bregenzer, VP and GM.
LG Electronics U.S.A., Inc., 1000 Sylvan Ave, Englewood Cliffs, NJ 
07632, Attn: Johnson Christopher, Environmental Manager.
Samsung Air Conditioning, Samsung Electronics Company, LTD., 3001 
Northern Star Blvd, Ft Worth TX 76137, Attn: Matt Wall.
Sanyo Commercial Solutions, HVAC Solutions, 1690 Roberts Blvd Nw, Suite 
110, Kennesaw, GA 301, Attn: Gary Nettinger, Vice President, Technical 
Solutions.
Fujitsu General America, 353 US Highway 46, Fairfield, NJ 07004-2437, 
Attn: Rozylowicz Tedd, President & COO.
    Dated this 18th day of February, 2011.
William Rau, Senior Vice President and General Manager, HVAC Advanced 
Products Division, Mitsubishi Electric & Electronics USA, Inc., 3400 
Lawrenceville-Suwanee Road, Suwanee, GA 30024.

Attachment A

Complete List of Models for the WR2 and WY Series (As updated in 
February 2011)

    CITY MULTI Variable Refrigerant Flow Zoning System Outdoor 
Equipment:
    <bullet> WY-Series (PQHY) 208/230-3-60 and 460-3-60 split-
system, water-sourced, variable-speed heat pumps with individual 
model nominal cooling capacities of 72,000, 96,000, 108,000 and 
120,000 Btu/h.
    <bullet> WR2-Series (PQRY) 208/230-3-60 and 460-3-60 split-
system, water-sourced, variable-speed heat pumps with heat recovery 
and with individual model nominal cooling capacities of 72,000, 
96,000, 108,000 and 120,000 Btu/h.
    CITY MULTI Variable Refrigerant Flow Zoning System Indoor 
Equipment: P*FY indoor models, ranging from 6,000 to 48,000 Btu/h, 
208/230-1-60 and from 72,000 to 120,000 Btu/h, 208/230-3-60 for use 
in split system variable-capacity air conditioner or heat pump 
systems:
    <bullet> PCFY Series--Ceiling Suspended--with capacities of 12/
15/18/24/30/36 MBtu/h.
    <bullet> PDFY Series--Ceiling Concealed Ducted--with capacities 
of 06/08/12/15/18/24/27/30/36/48 MBtu/h.
    <bullet> PEFY Series--Ceiling Concealed Ducted (Low Profile)--
with capacities of 06/08/12/15/18/24 MBtu/h.
    <bullet> PEFY Series--Ceiling Concealed Ducted (Alternate High 
Static Option)--with capacities of 15/18/24/27/30/36/48/54/72/96 
MBtu/h.
    <bullet> PEFY-F Series--Ceiling Concealed Ducted (100% OA 
Option)--with capacities of 30/54/72/96/120 MBtu/h.
    <bullet> PEFY Series--Ceiling Concealed Ducted--with capacities 
of 06/08/12/15/18/24/27/30/36/48 MBtu/h.
    <bullet> The PEFY-AF Series--100% outdoor air ventilation 
systems (Concealed ducted)--PEFY-AF1200CFM/CFMR**--with a maximum 
outside air ventilation capability of 1200 CFM.
    <bullet> PFFY Series--Floor Standing (Concealed)--with 
capacities of 06/08/12/15/18/24 MBtu/h.
    <bullet> PFFY Series--Floor Standing (Exposed)--with capacities 
of 06/08/12/15/18/24 MBtu/h.
    <bullet> PKFY Series--Wall-Mounted--with capacities of 06/08/12/
15/18/24/30 MBtu/h.
    <bullet> PLFY Series--4-Way Airflow Ceiling Cassette--with 
capacities of 12/15/18/24/30/36 MBtu/h.
    <bullet> PLFY Series--2'-by-2' frame 4-Way Airflow Ceiling 
Cassette --with capacities of 8/12/15 MBtu/h.
    <bullet> PMFY Series--1-Way Airflow Ceiling Cassette--with 
capacities of 06/08/12/15 MBtu/h.
    <bullet> PVFY Series--Vertical air handler (Concealed ducted)--
with capacities of 12/18/24/30/36/42/48/54 MBtu/h
    <bullet> PWFY Series--Commercial Hot Water Heat Pump Indoor 
Units--with capacities of 36/72 MBtu/h and 36 MBtu/h with booster 
unit.

Attachment B

Complete List of Models for the S&L Class Systems (As Updated in 
February 2011)

CITY MULTI Variable Refrigerant Flow Zoning System Outdoor 
Equipment:

    <bullet> Y-Series (PUHY) 208/230-3-60 and 460-3-60 split-system 
variable-speed heat pumps with individual model nominal capacities 
ranging from 65,000 to 144,000 Btu/h, and combined model nominal 
capacities ranging from 130,000 to 480,000 Btu/h.
    <bullet> H2I-Series (PUHY-HP) 208/230-3-60 and 460-3-60 split-
system variable speed heat pumps with hyper-heat technology, with 
individual model nominal capacities ranging from 65,000 to 120,000 
Btu/h, and combined model nominal capacities ranging from 130,000 to 
300,000 Btu/h.
    <bullet> R2-Series (PURY) 208/230-3-60 and 460-3-60 split-system 
variable speed heat pumps with heat recovery and with individual 
model nominal capacities ranging from 65,000 to 144,000 Btu/h, and 
combined model nominal capacities ranging from 130,000 to 300,000 
Btu/h.

[[Page 19086]]

CITY MULTI Variable Refrigerant Flow Zoning System Indoor 
Equipment:

    P*FY indoor models, ranging from 6,000 to 48,000 Btu/h, 208/230-
1-60 and from 72,000 to 120,000 Btu/h, 208/230-3-60 for use in split 
system variable-capacity air conditioner or heat pump systems:
    <bullet> PCFY Series--Ceiling Suspended--with capacities of 12/
15/18/24/30/36 MBtu/h.
    <bullet> PDFY Series--Ceiling Concealed Ducted--with capacities 
of 06/08/12/15/18/24/27/30/36/48 MBtu/h.
    <bullet> PEFY Series--Ceiling Concealed Ducted (Low Profile)--
with capacities of 06/08/12/15/18/24 MBtu/h.
    <bullet> PEFY Series--Ceiling Concealed Ducted (Alternate High 
Static Option)--with capacities of 15/18/24/27/30/36/48/54/72/96 
MBtu/h.
    <bullet> PEFY-F Series--Ceiling Concealed Ducted (100% OA 
Option)--with capacities of 30/54/72/96/120 MBtu/h.
    <bullet> PEFY Series--Ceiling Concealed Ducted--with capacities 
of 06/08/12/15/18/24/27/30/36/48 MBtu/h.
    <bullet> The PEFY-AF Series--100% outdoor air ventilation 
systems (Concealed ducted)--PEFY-AF1200CFM/CFMR**--with a maximum 
outside air ventilation capability of 1200 CFM.
    <bullet> PFFY Series--Floor Standing (Concealed)--with 
capacities of 06/08/12/15/18/24 MBtu/h.
    <bullet> PFFY Series--Floor Standing (Exposed)--with capacities 
of 06/08/12/15/18/24 MBtu/h.
    <bullet> PKFY Series--Wall-Mounted--with capacities of 06/08/12/
15/18/24/30 MBtu/h.
    <bullet> PLFY Series--4-Way Airflow Ceiling Cassette--with 
capacities of 12/15/18/24/30/36 MBtu/h.
    <bullet> PLFY Series--2'-by-2' frame 4-Way Airflow Ceiling 
Cassette--with capacities of 8/12/15 MBtu/h.
    <bullet> PMFY Series--1-Way Airflow Ceiling Cassette--with 
capacities of 06/08/12/15 MBtu/h.
    <bullet> PVFY Series--Vertical air handler (Concealed ducted)--
with capacities of 12/18/24/30/36/42/48/54 MBtu/h
    <bullet> PWFY Series--Commercial Hot Water Heat Pump Indoor 
Units--with capacities of 36/72 MBtu/h and 36 MBtu/h with booster 
unit.

Attachment C

Alternate Test Procedure for the WR2 and WY Series (Established in the 
WR2 and WY Waiver, Dec. 15, 2009)

    (A) Mitsubishi shall be required to test its water-source WR2 
and WY series models of its CITY MULTI VRFZ equipment according to 
those test procedures for commercial package air conditioners and 
heat pumps prescribed at 10 CFR Part 431.96, except that:
    (i) Mitsubishi 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, Mitsubishi shall make 
representations concerning the WR2 and WY CITY MULTI equipment 
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 an outdoor unit that is 
matched with between two and five indoor units.
    (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 between 95 
percent and 105 percent of the nominal cooling capacity of the 
outdoor unit;
    (iii) Not, individually, have a nominal cooling capacity that is 
greater than 50 percent of the nominal cooling capacity of the 
outdoor unit;
    (iv) Operate at fan speeds that are consistent with the 
manufacturer's specifications; and
    (v) All 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.
    (C) Representations. In making representations about the energy 
efficiency of its WR2 and WY CITY MULTI VRFZ equipment, for 
compliance, marketing, or other purposes, Mitsubishi must fairly 
disclose the results of testing under the DOE test procedure, doing 
so in a manner consistent with the provisions outlined below:
    (i) For WR2 and WY CITY MULTI VRFZ combinations tested in 
accordance with this alternate test procedure, Mitsubishi may make 
representations based on these test results.
    (ii) For WR2 and WY CITY MULTI VRFZ combinations that are not 
tested, Mitsubishi may make representations based on the testing 
results for the tested combination and which are consistent with 
either of the two following methods:
    (a) Representation of non-tested combinations according to an 
Alternative Rating Method (ARM) approved by DOE; or
    (b) Representation of non-tested combinations at the same energy 
efficiency level as the tested combination with the same outdoor 
unit.
    (5) This waiver shall remain in effect from the date of issuance 
of this Decision and Order consistent with the provisions of 10 CFR 
431.401(g).
    (6) This waiver is conditioned upon the presumed validity of 
statements, representations, and documentary materials provided by 
the petitioner. This waiver may be revoked or modified at any time 
upon a determination that the factual basis underlying the petition 
is incorrect, or DOE determines that the results from the alternate 
test procedure are unrepresentative of the basic models' true energy 
consumption characteristics.

Attachment D--Alternate Test Procedure for S&L Class Products 
(Established in S&L Class Waiver, Dec. 15, 2009)

    (A) MEUS shall be required to test the products listed in 
paragraph (2) above according to the test procedure for central air 
conditioners and heat pumps prescribed by DOE at 10 CFR Part 431 
(ARI 340/360-2004, incorporated by reference in 10 CFR 
431.95(b)(2)), except that MEUS 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, MEUS shall make 
representations concerning the S&L Class 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:
    (i) The basic model of a variable refrigerant flow system used 
as a tested combination shall consist an outdoor unit (an outdoor 
unit can include multiple outdoor units that have been manifolded 
into a single refrigeration system, with a specific model number) 
that is matched with between 2 and 8 indoor units in total; for 
multi-split systems, each of these indoor units shall be designed 
for individual operation.
    (ii) The indoor units shall--
    (a) Represent the highest sales model family, or another indoor 
model family if the highest sales model family does not provide 
sufficient capacity (see ii);
    (b) Together, have a nominal cooling capacity that is between 
95% and 105% of the nominal cooling capacity of the outdoor unit;
    (c) Not, individually, have a nominal cooling capacity that is 
greater than 50% of the nominal cooling capacity of the outdoor 
unit;
    (d) Operate at fan speeds that are consistent with the 
manufacturer's specifications; and
    (e) 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.
    (C) Representations. In making representations about the energy 
efficiency of its S&L Class variable speed and variable refrigerant 
volume air-cooled multi-split heat pump and heat recovery system 
products, for compliance, marketing, or other purposes, Mitsubishi 
must fairly disclose the results of testing under the DOE test 
procedure, doing so in a manner consistent with the provisions 
outlined below:
    (i) For S&L Class combinations using a single outdoor unit 
tested in accordance with this alternate test procedure, Mitsubishi 
may make representations based on these test results.
    (ii) For S&L Class combinations using a single outdoor unit that 
have not been tested, Mitsubishi may make representations based

[[Page 19087]]

on the testing results for the tested combination and which are 
consistent with either of the two following methods:
    (a) Representation of non-tested combinations according to an 
Alternative Rating Method (ARM) approved by DOE; or
    (b) Representation of non-tested combinations at the same energy 
efficiency level as the tested combination with the same outdoor 
unit.
    (iii) For S&L Class combinations utilizing multiple outdoor 
units that have been tested in accordance with this alternate test 
procedure, MEUS may make representations based on those test 
results.
    (iv) For S&L Class combinations utilizing multiple outdoor units 
that have not been tested, MEUS may make representations which are 
consistent with any of the three following methods:
    (a) Representation of non-tested combinations according to an 
Alternative Rating Method (``ARM'') approved by DOE.
    (b) Representation of non-tested combinations at the same energy 
efficiency level as the tested combination with the same combination 
of outdoor units.
    (c) Representation of non-tested combinations based on the 
capacity weighted average of the efficiency ratings for the tested 
combinations for each of the individual outdoor units used in the 
system, as determined in accordance with the provisions of this 
alternate test procedure.
    (4) This waiver shall remain in effect from the date of issuance 
of this Order consistent with the provisions of 10 CFR 431.401(g).
    (5) This waiver is conditioned upon the presumed validity of 
statements, representations, and documentary materials provided by 
the petitioner. This waiver may be revoked or modified at any time 
upon a determination that the factual basis underlying the Petition 
for Waiver is incorrect, or DOE determines that the results from the 
alternate test procedure are unrepresentative of the basic models' 
true energy consumption characteristics.

[FR Doc. 2011-8145 Filed 4-5-11; 8:45 am]
BILLING CODE 6450-01-P


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