19078 Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Notices 

FR 10425); May 5, 2009 (74 FR 20695); 

December 15, 2009 (74 FR 66338), 

March 11, 2010 (75 FR 11530), April 29, 

2010 (75 FR 22584); August 19, 2010 (75 

FR 51264); March 18, 2010 (75 FR 

13120), August 3, 2010 (75 FR 45623); 

and June 7, 2010 (75 FR 32175), 

respectively. The approved alternate test 

procedure simulates the energy used by 

the adaptive heaters in a typical 

consumer household, as explained in 

the respective decisions and orders 

referenced above. As DOE has stated in 

the past, it is in the public interest to 

have similar products tested and rated 

for energy consumption on a 

comparable basis. 

Since the publication of the December 

notice, DOE issued an interim final rule 

that prescribes a particular procedure to 

address the type of system employed by 

the Electrolux products at issue. See 75 

FR 78810 (December 16, 2010). This 

procedure would apply to those 

products manufactured starting in 2014. 

III. Consultations With Other Agencies 

DOE consulted with the Federal Trade 

Commission (FTC) staff concerning the 

Electrolux petition for waiver. The FTC 

staff did not have any objections to 

granting a waiver to Electrolux. 

IV. Conclusion 

After careful consideration of all the 

material that was submitted by 

Electrolux and consultation with the 

FTC staff, it is ordered that: 

(1) The petition for waiver submitted 

by the Electrolux Home Products, Inc. 

(Case No. RF–017) is hereby granted as 

set forth in the paragraphs below. 

(2) Electrolux shall not be required to 

test or rate the following Electrolux 

models: EI27BS**** FGUN26  

CFD26** *on the basis of the current test 

procedures contained in 10 CFR part 

430, subpart B, appendix A1. Instead, it 

shall be required to test and rate such 

products according to the alternate test 

procedure as set forth in paragraph (3) 

below: 

(3) Electrolux shall be required to test 

the products listed in paragraph (2) 

above according to the test procedures 

for electric refrigerator-freezers 

prescribed by DOE at 10 CFR part 430, 

appendix A1, except that, for the 

Electrolux products listed in paragraph 

(2) only: 

(A) The following definition is added 

at the end of Section 1: 

1.13 Variable anti-sweat heater control 

means an anti-sweat heater where power 

supplied to the device is determined by 

an operating condition variable(s) and/or 

ambient condition variable(s). 

(B) Section 2.2 is revised to read as 

follows: 

2.2 Operational conditions. The electric 

refrigerator or electric refrigerator-freezer 

shall be installed and its operating 

conditions maintained in accordance 

with HRF–1–1979, section 7.2 through 

section 7.4.3.3, except that the vertical 

ambient temperature gradient at 

locations 10 inches (25.4 cm) out from 

the centers of the two sides of the unit 

being tested is to be maintained during 

the test. Unless shields or baffles 

obstruct the area, the gradient is to be 

maintained from 2 inches (5.1 cm) above 

the floor or supporting platform to a 

height 1 foot (30.5 cm) above the unit 

under test. Defrost controls are to be 

operative. The anti-sweat heater switch 

is to be off during one test and on during 

the second test. In the case of an electric 

refrigerator-freezer equipped with 

variable anti-sweat heater control, the 

result of the second test will be derived 

by performing the calculation described 

in 6.2.3. Other exceptions are noted in 

2.3, 2.4, and 5.1 below. 

(C) New section 6.2.3 is inserted after 

section 6.2.2.2. 

6.2.3 Variable anti-sweat heater control 

test. The standard cycle energy consumption 

of an electric refrigerator-freezer with a 

variable anti-sweat heater control in the on 

position (Eon), expressed in kilowatt-hours 

per day, shall be calculated equivalent to: 

EON = E + (Correction Factor) 

where E is determined by sections 6.2.1.1, 

6.2.1.2, 6.2.2.1, or 6.2.2.2, whichever is 

appropriate, with the anti-sweat heater 

switch in the off position. 

Correction Factor = (Anti-sweat Heater Power 

× System-loss Factor) × (24 hrs/1 day) × 

(1 kW/1000 W) 

Where: 

Anti-sweat Heater Power = A1 * (Heater 

Watts at 5%RH) 

+ A2 * (Heater Watts at 15%RH) 

+ A3 * (Heater Watts at 25%RH) 

+ A4 * (Heater Watts at 35%RH) 

+ A5 * (Heater Watts at 45%RH) 

+ A6 * (Heater Watts at 55%RH) 

+ A7 * (Heater Watts at 65%RH) 

+ A8 * (Heater Watts at 75%RH) 

+ A9 * (Heater Watts at 85%RH) 

+ A10 * (Heater Watts at 95%RH) 

where A1–A10 are defined in the following 

table: 

A1 = 0.034 A6 = 0.119 

A2 = 0.211 A7 = 0.069 

A3 = 0.204 A8 = 0.047 

A4 = 0.166 A9 = 0.008 

A5 = 0.126 A10 = 0.016 

Heater Watts at a specific relative humidity 

= the nominal watts used by all heaters at 

that specific relative humidity, 72°F ambient, 

and DOE reference temperatures of fresh food 

(FF) average temperature of 45 °F and freezer 

(FZ) average temperature of 5 °F. 

System-loss Factor = 1.3 

(4) Representations. Electrolux may 

make representations about the energy 

use of its adaptive control anti-sweat 

heater refrigerator-freezer products for 

compliance, marketing, or other 

purposes only to the extent that such 

products have been tested in accordance 

with the provisions outlined above and 

such representations fairly disclose the 

results of such testing. 

(5) This waiver shall remain in effect 

consistent with the provisions of 10 CFR 

430.27(m). 

(6) This waiver is issued on the 

condition that the statements, 

representations, and documentary 

materials provided by the petitioner are 

valid. DOE may revoke or modify this 

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. 

(7) Grant of this waiver does not 

release a petitioner from the 

certification requirements set forth at 10 

CFR 430.62. 

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. 

[FR Doc. 2011–8142 Filed 4–5–11; 8:45 am] 

BILLING CODE 6450–01–P 

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. 

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 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Notices 19079 

1For editorial reasons, upon codification in the 

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

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: 

• 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–030] in 

the subject line of the message. 

• 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. 

• 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: 

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 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 airsource 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 

mstockstill on DSKH9S0YB1PROD with NOTICES

19080 Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Notices 

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: 

• PCFY—Series—Ceiling 

Suspended—with a capacity of 15 

MBtu/h 

• PEFY Series—Ceiling Concealed 

Ducted (Low Profile)—with a capacity 

of 15 MBtu/h 

• PKFY Series—Wall Mounted—with 

a capacity of 15 MBtu/h 

• PLFY Series—4-Way Airflow 

Ceiling Cassette—with a capacity of 15 

MBtu/h 

• The PEFY–AF Series—100% 

outdoor air ventilation systems 

(Concealed ducted)—PEFY– 

AF1200CFM/CFMR**—with a 

maximum outside air ventilation 

capability of 1200 CFM 

• The PVFY Series-Vertical air 

handler (Concealed ducted)—with 

capacities of 12/18/24/30/36/42/48/54 

MBtu/h 

• PWFY Series—Commercial Hot 

Water Heat Pump Indoor Units—with 

capacities of 36/72 MBtu/h and 36 

MBtu/h with booster unit. 

• PEFY Series—Ceiling Concealed 

Ducted—with capacities of 06/08/12/15/ 

18/24/27/30/36/48 MBtu/h 

• 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 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Notices 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 multisplit 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 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 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 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 multisplit 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. 

mstockstill on DSKH9S0YB1PROD with NOTICES

19082 Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Notices 

1Energy 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’’). 

2Energy 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’’). 

3The 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. 

4See 10 CFR § 431.401. 

5WR2 and WY Series Waiver at 66313. 

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. 

MEUS has now developed additional 

models of indoor units for these multisplit 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. 

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. 

Background 

On October 30, 2006, MEUS 

submitted a Petition for Waiver from the 

test procedures applicable to the watersource 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. 

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 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Notices 19083 

6S&L Class Waiver at 66317. 

7 10 CFR § 431.96. 

8 10 CFR § 431.96, Table 1. 

9 10 CFR § 431.401(a)(1). 

10WR2 and WY Series Waiver at 66313. 

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. 

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: 

• PCFY-Series-Ceiling Suspended— 

with a capacity of 15 MBtu/h 

• PEFY Series-Ceiling Concealed 

Ducted (Low Profile)—with a capacity 

of 15 MBtu/h 

• PKFY Series-Wall Mounted—with a 

capacity of 15 MBtu/h 

• PLFY Series-4-Way Airflow Ceiling 

Cassette—with a capacity of 15 MBtu/h 

• The PEFY–AF Series—100% 

outdoor air ventilation systems 

(Concealed ducted)—PEFY– 

AF1200CFM/CFMR**—with a 

maximum outside air ventilation 

capability of 1200 CFM 

• The PVFY Series—Vertical air 

handler (Concealed ducted)—with 

capacities of 12/18/24/30/36/42/48/54 

MBtu/h 

• PWFY Series—Commercial Hot 

Water Heat Pump Indoor Units—with 

capacities of 36/72 MBtu/h and 36 

MBtu/h with booster unit. 

• PEFY Series—Ceiling Concealed 

Ducted—with capacities of 06/08/12/15/ 

18/24/27/30/36/48 MBtu/h 

• 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 

§ 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. 

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 § 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 § 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

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 

mstockstill on DSKH9S0YB1PROD with NOTICES

19084 Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Notices 

11S&L Class Waiver at 66317. 

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. 

13WR2 and WY Series Waiver at 66313; S&L 

Class Waiver at 66317. 

14 10 CFR § 431.401(a)(2). 

15Energy 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 § 431.201(e)(3) (2005). 

16See 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 

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. 

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. 

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. 

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, watersource 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 § 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. 

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

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Notices 19085 

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); 

17Energy 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). 

18 10 CFR § 431.201(a)(1) (2005). 

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. 

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. 

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: 

• 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. 

• 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: 

• PCFY Series—Ceiling Suspended—with 

capacities of 12/15/18/24/30/36 MBtu/h. 

• PDFY Series—Ceiling Concealed 

Ducted—with capacities of 06/08/12/15/18/ 

24/27/30/36/48 MBtu/h. 

• PEFY Series—Ceiling Concealed Ducted 

(Low Profile)—with capacities of 06/08/12/ 

15/18/24 MBtu/h. 

• PEFY Series—Ceiling Concealed Ducted 

(Alternate High Static Option)—with 

capacities of 15/18/24/27/30/36/48/54/72/96 

MBtu/h. 

• PEFY–F Series—Ceiling Concealed 

Ducted (100% OA Option)—with capacities 

of 30/54/72/96/120 MBtu/h. 

• PEFY Series—Ceiling Concealed 

Ducted—with capacities of 06/08/12/15/18/ 

24/27/30/36/48 MBtu/h. 

• The PEFY–AF Series—100% outdoor air 

ventilation systems (Concealed ducted)— 

PEFY–AF1200CFM/CFMR**—with a 

maximum outside air ventilation capability 

of 1200 CFM. 

• PFFY Series—Floor Standing 

(Concealed)—with capacities of 06/08/12/15/ 

18/24 MBtu/h. 

• PFFY Series—Floor Standing 

(Exposed)—with capacities of 06/08/12/15/ 

18/24 MBtu/h. 

• PKFY Series—Wall-Mounted—with 

capacities of 06/08/12/15/18/24/30 MBtu/h. 

• PLFY Series—4-Way Airflow Ceiling 

Cassette—with capacities of 12/15/18/24/30/ 

36 MBtu/h. 

• PLFY Series—2′-by-2′ frame 4-Way 

Airflow Ceiling Cassette —with capacities of 

8/12/15 MBtu/h. 

• PMFY Series—1–Way Airflow Ceiling 

Cassette—with capacities of 06/08/12/15 

MBtu/h. 

• PVFY Series—Vertical air handler 

(Concealed ducted)—with capacities of 12/ 

18/24/30/36/42/48/54 MBtu/h 

• 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: 

• 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. 

• 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. 

• 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. 

mstockstill on DSKH9S0YB1PROD with NOTICES

19086 Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Notices 

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: 

• PCFY Series—Ceiling Suspended—with 

capacities of 12/15/18/24/30/36 MBtu/h. 

• PDFY Series—Ceiling Concealed 

Ducted—with capacities of 06/08/12/15/18/ 

24/27/30/36/48 MBtu/h. 

• PEFY Series—Ceiling Concealed Ducted 

(Low Profile)—with capacities of 06/08/12/ 

15/18/24 MBtu/h. 

• PEFY Series—Ceiling Concealed Ducted 

(Alternate High Static Option)—with 

capacities of 15/18/24/27/30/36/48/54/72/96 

MBtu/h. 

• PEFY–F Series—Ceiling Concealed 

Ducted (100% OA Option)—with capacities 

of 30/54/72/96/120 MBtu/h. 

• PEFY Series—Ceiling Concealed 

Ducted—with capacities of 06/08/12/15/18/ 

24/27/30/36/48 MBtu/h. 

• The PEFY–AF Series—100% outdoor air 

ventilation systems (Concealed ducted)— 

PEFY–AF1200CFM/CFMR**—with a 

maximum outside air ventilation capability 

of 1200 CFM. 

• PFFY Series—Floor Standing 

(Concealed)—with capacities of 06/08/12/15/ 

18/24 MBtu/h. 

• PFFY Series—Floor Standing 

(Exposed)—with capacities of 06/08/12/15/ 

18/24 MBtu/h. 

• PKFY Series—Wall-Mounted—with 

capacities of 06/08/12/15/18/24/30 MBtu/h. 

• PLFY Series—4–Way Airflow Ceiling 

Cassette—with capacities of 12/15/18/24/30/ 

36 MBtu/h. 

• PLFY Series—2′-by-2′ frame 4-Way 

Airflow Ceiling Cassette—with capacities of 

8/12/15 MBtu/h. 

• PMFY Series—1-Way Airflow Ceiling 

Cassette—with capacities of 06/08/12/15 

MBtu/h. 

• PVFY Series—Vertical air handler 

(Concealed ducted)—with capacities of 12/ 

18/24/30/36/42/48/54 MBtu/h 

• 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 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Notices 19087 

1For editorial reasons, upon codification in the 

U.S. Code, Part B was re-designated Part A. 

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 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CD–006] 

Energy Conservation Program for 

Consumer Products: Publication of the 

Petition for Waiver and Notice of 

Granting the Application for Interim 

Waiver of BSH Home Appliances 

Corporation From the Department of 

Energy Residential Clothes Dryer Test 

Procedure 

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 public 

comments. 

SUMMARY: This notice announces receipt 

of and publishes the BSH Home 

Appliances Corporation (BSH) petition 

for waiver (hereafter, ‘‘petition’’) from 

specified portions of the U.S. 

Department of Energy (DOE) test 

procedure for determining the energy 

consumption of residential clothes 

dryers. The waiver request pertains to 

BSH’s specified models of condensing 

residential clothes dryers. The existing 

test procedure does not apply to 

condensing clothes dryers. In addition, 

today’s notice grants BSH an interim 

waiver from the DOE test procedure 

applicable to residential clothes dryers. 

DOE solicits comments, data, and 

information concerning BSH’s petition. 

DATES: DOE will accept comments, data, 

and information with respect to BSH’s 

Petition until May 6, 2011. 

ADDRESSES: You may submit comments, 

identified by case number CD–006, 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 [Case No. CD– 

005] in the subject line of the message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

Petition for Waiver Case No. CD–005, 

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 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 regarding similar clothes 

dryers. 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: 

Michael.Raymond@ee.doe.gov. 

Ms. Jennifer Tiedeman, U.S. 

Department of Energy, Office of the 

General Counsel, Mail Stop GC–71, 

Forrestal Building, 1000 Independence 

Avenue, SW., Washington, DC 20585– 

0103. Telephone: (202) 287–6111. Email: Jennifer.Tiedeman@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Authority 

Title III, Part B of the Energy Policy 

and Conservation Act of 1975 (EPCA), 

Public Law 94–163 (42 U.S.C. 6291– 

6309, as codified), established the 

Energy Conservation Program for 

Consumer Products Other Than 

Automobiles, a program covering most 

major household appliances, which 

includes the residential clothes dryers 

that are the focus of this notice.1 Part B 

includes definitions, test procedures, 

labeling provisions, energy conservation 

standards, and the authority to require 

information and reports from 

manufacturers. Further, Part B 

authorizes the Secretary of Energy to 

prescribe test procedures that are 

reasonably designed to produce results 

which measure energy efficiency, 

energy use, or estimated operating costs, 

and that are not unduly burdensome to 

conduct. (42 U.S.C. 6293(b)(3)). The test 

procedure for clothes dryers is 

contained in 10 CFR part 430, subpart 

B, appendix D. 

DOE’s regulations set forth in 10 CFR 

430.27 contain provisions that enable a 

person to seek a waiver from the test 

procedure requirements for covered 

consumer products. A waiver will be 

granted by the Assistant Secretary for 

Energy Efficiency and Renewable 

Energy (the Assistant Secretary) if it is 

determined that the basic model for 

which the petition for waiver was 

submitted contains one or more design 

characteristics that prevents testing of 

the basic model according to the 

prescribed test procedures, or if the 

prescribed test procedures may evaluate 

the basic model in a manner so 

unrepresentative of its true energy 

consumption characteristics as to 

provide materially inaccurate 

comparative data. 10 CFR 430.27(a)(1). 

Petitioners must include in their 

petition any alternate test procedures 

known to the petitioner evaluate the 

basic model in a manner representative 

of its energy consumption. 10 CFR 

mstockstill on DSKH9S0YB1PROD with NOTICES