13114 Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Notices 

eSubscription link on the Web site that 

enables subscribers to receive e-mail 

notification when a document is added 

to a subscribed docket(s). For assistance 

with any FERC Online service, please email FERCOnlineSupport@ferc.gov. or 

call (866) 208–3676 (toll free). For TTY, 

call (202) 502–8659. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. 2010–5894 Filed 3–17–10; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Energy Efficiency and Renewable 

Energy 

[Case No. CAC–027] 

Energy Conservation Program for 

Certain Industrial Equipment: 

Publication of the Petition for Waiver 

From Sanyo North America Corp. 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 Sanyo North America Corp. 

(Sanyo). 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 and 

water-source central air conditioners 

and heat pumps. The petition is specific 

to the Sanyo variable capacity ECO-i 

(commercial) multi-split heat pumps. 

Through this document, DOE: (1) 

Solicits comments, data, and 

information with respect to the Sanyo 

petition; and (2) announces the grant of 

an interim waiver to Sanyo 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 

Sanyo petition until, but no later than 

April 19, 2010. 

ADDRESSES: You may submit comments, 

identified by case number ‘‘CAC–027,’’ 

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 either the case number [CAC– 

027], and/or ‘‘Sanyo Petition’’ 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 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. Betsy 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: 

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 A of Title III, 

which establishes the ‘‘Energy 

Conservation Program for Consumer 

Products Other Than Automobiles.’’ (42 

U.S.C. 6291–6309) Part A–1 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. (42 

U.S.C. 6311–6317). 

Today’s notice involves commercial 

equipment under Part A–1. Part A–1 

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 A–1 

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. DOE 

adopted the International Organization 

for Standardization (ISO) Standard 

13256–1–1998, ‘‘Water-source heat 

pumps—Testing and rating for 

performance—Part 1: Water-to-air and 

brine-to-air heat pumps,’’ for small 

commercial package water-source heat 

pumps with capacities less than 135,000 

British thermal units per hour (Btu/h). 

Id. at 71371. For air-source heat pumps, 

DOE adopted ARI Standard 340/360– 

2004. Table 1 to Title 10 of the Code of 

Federal Regulations (10 CFR) 431.96 

directs manufacturers of commercial 

package air conditioning and heating 

equipment to use the appropriate 

procedure when measuring energy 

efficiency of those products. The 

cooling capacities of Sanyo’s 

commercial ECO-i multi-split heat 

pump products at issue in the waiver 


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Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Notices 13115 

1 DOE notes that it has also previously granted 

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

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

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

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

commercial multi-split air conditioners and heat 

pumps. 

petition filed by Sanyo range from 

72,000 Btu/h to 288,000 Btu/h. The 

Sanyo water-source products with 

capacities greater than or equal to 

135,000 Btu/h are not covered by this 

waiver because the DOE test procedure 

covers water-source heat pumps with 

capacities less than 135,000 Btu/h. The 

cooling capacities of Sanyo’s 

commercial ECO-i air-source multi-split 

heat pump products also range from 

72,000 Btu/h to 288,000 Btu/h. All of 

these products are covered by this 

waiver, as ARI Standard 340/360–2004 

covers products with capacities greater 

than 65,000 Btu/hour. 

DOE’s regulations for covered 

products permit a person to seek a 

waiver from the test procedure 

requirements for covered commercial 

equipment if at least one of the 

following conditions is met: (1) The 

petitioner’s basic model contains one or 

more design characteristics that prevent 

testing according to the prescribed test 

procedures; or (2) the prescribed test 

procedures may evaluate the basic 

model in a manner so unrepresentative 

of its true energy consumption as to 

provide materially inaccurate 

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

Petitioners must include in their 

petition any alternate test procedures 

known to the petitioner to evaluate the 

basic model in a manner representative 

of its energy consumption. 10 CFR 

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

Secretary for Energy Efficiency and 

Renewable Energy (Assistant Secretary) 

may grant a waiver subject to 

conditions, including adherence to 

alternate test procedures. 10 CFR 

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

pursuant to the provisions of 10 CFR 

431.401(g). 

The waiver process also permits 

parties submitting a petition for waiver 

to file an application for interim waiver 

of the applicable test procedure 

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

Assistant Secretary will grant an interim 

waiver request if it is determined that 

the applicant will experience economic 

hardship if the application for interim 

waiver is denied, if it appears likely that 

the petition for waiver will be granted, 

and/or the Assistant Secretary 

determines that it would be desirable for 

public policy reasons to grant 

immediate relief pending a 

determination on the petition for 

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

interim waiver remains in effect for 180 

days or until DOE issues its 

determination on the petition for 

waiver, whichever occurs first. It may be 

extended by DOE for an additional 180 

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

II. Petition for Waiver 

On January 4, 2010, Sanyo filed a 

petition for waiver from the test 

procedures at 10 CFR 431.96 applicable 

to commercial package air and watersource central air conditioners and heat 

pumps, as well as an application for 

interim waiver. The capacities of the 

Sanyo ECO-i multi-split heat pumps 

range from 72,000 Btu/h to 288,000 Btu/ 

h. Thus, ISO Standard 13256–1 (1998) is 

the applicable test procedure for 

Sanyo’s ECO-i multi-split water-source 

heat pumps with capacities less than 

135,000 Btu/h. The applicable test 

procedure for the air-source heat pumps 

is ARI 340/360–2004. Manufacturers are 

directed to use these test procedures 

pursuant to Table 1 of 10 CFR 431.96. 

Sanyo seeks a waiver from the 

applicable test procedures under 10 CFR 

431.96 on the grounds that its ECO-i 

multi-split heat pumps contain design 

characteristics that prevent testing 

according to the current DOE test 

procedures. Specifically, Sanyo asserts 

that the two primary factors that prevent 

testing of its multi-split variable speed 

products are the same factors stated in 

the waivers that DOE granted to 

Mitsubishi Electric & Electronics USA, 

Inc. (Mitsubishi) and other 

manufacturers for similar lines of 

commercial multi-split air-conditioning 

systems: 

• Testing laboratories cannot test 

products with so many indoor units; 

and 

• There are too many possible 

combinations of indoor and outdoor 

units to test. 69 FR 52660 (August 27, 

2004) (Mitsubishi waiver); 72 FR 17528 

(April 9, 2007) (Mitsubishi waiver); 72 

FR 71387 (Dec. 17, 2007) (Samsung 

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

(Fujitsu waiver); 73 FR 39680 (July 10, 

2008) (Daikin waiver); 74 FR 15955 

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

16193 (April 9, 2009) (Sanyo waiver); 74 

FR 16373 (April 10, 2009) (Daikin 

waiver) 

The ECO-i systems have operational 

characteristics similar to the commercial 

multi-split products manufactured by 

Mitsubishi, Samsung, Fujitsu and 

Daikin. As indicated above, DOE has 

already granted waivers for these 

products. The ECO-i system includes 90 

unique outdoor models and 54 unique 

indoor models, and can connect up to 

40 indoor units to a single outdoor unit. 

There are over one million 

combinations possible with the Sanyo 

ECO-i system. Consequently, Sanyo 

requested that DOE grant a waiver from 

the applicable test procedures for its 

ECO-i product designs until a suitable 

test method can be prescribed. 

III. Application for Interim Waiver 

On January 4, 2010, Sanyo also 

submitted an application for an interim 

waiver. DOE determined that Sanyo’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 Sanyo 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, Sanyo’s 

products would not be tested and rated 

for energy consumption on an equal 

basis with equivalent products for 

which DOE previously granted waivers. 

This would place Sanyo at a 

competitive disadvantage. Furthermore, 

DOE has determined that it appears 

likely that Sanyo’s petition for waiver 

will be granted and that is desirable for 

public policy reasons to grant Sanyo 

immediate relief pending a 

determination on the petition for 

waiver. DOE believes that it is likely 

Sanyo’s petition for waiver for the new 

ECO-i multi-split models will be granted 

because, as noted above, DOE has 

previously granted a number of waivers 

for similar product designs.1 The two 

principal reasons supporting the grant 

of the previous waivers also apply to 

Sanyo’s ECO-i 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 Sanyo is hereby granted for 

Sanyo’s ECO-i multi-split heat pumps, 

subject to the specifications and 

conditions below. 

1. Sanyo shall not be required to test 

or rate its ECO-i commercial multi-split 

products on the basis of the existing test 

procedures under 10 CFR 431.96, which 

incorporates by reference ISO Standard 

13256–1 (1998) for the water-source 

products and ARI 340/360–2004 for the 

air-source products. 


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2. Sanyo shall be required to test and 

rate its ECO-i commercial multi-split 

products according to the alternate test 

procedure as set forth in section IV(3), 

‘‘Alternate test procedure.’’ 

The interim waiver applies to the 

following basic model groups: 

ECO-i Series Outdoor Units 

ECOi Outdoor Unit Air Source Heat 

Pump Series (208/230 Volt, 3 Phase, 60 

Hz) 

• Models CHDX***63 with capacities 

ranging from 72,000 to 288,000 Btu/ 

h. 

• ***: 072, 096, 144, 168, 192, 216, 

240, 264, 288. 

• Models CHDXR***63 with capacities 

ranging from 72,000 to 288,000 Btu/ 

h. 

• ***: 072, 096, 144, 168, 192, 216, 

240, 264, 288. 

ECOi Outdoor Unit Air Source Heat 

Pump Series (460 Volt, 3 Phase, 60 Hz) 

• Models CHDX***74 with capacities 

ranging from 72,000 to 288,000 Btu/ 

h. 

• ***: 072, 096, 144, 168, 192, 216, 

240, 264, 288. 

• Models CHDXR***74 with capacities 

ranging from 72,000 to 288,000 Btu/ 

h. 

• ***: 072, 096, 144, 168, 192, 216, 

240, 264, 288. 

ECOi Outdoor Unit Air Source Heat 

Recovery Series (208/230 Volt, 3 Phase, 

60 Hz) 

• Models CHDZ***63 with capacities 

ranging from 72,000 to 288,000 Btu/ 

h. 

• ***: 072, 096, 144, 168, 192, 216, 

240, 264, 288. 

• Models CHDZR***63 with capacities 

ranging from 72,000 to 288,000 Btu/ 

h. 

• ***: 072, 096, 144, 168, 192, 216, 

240, 264, 288. 

ECOi Outdoor Unit Air Source Heat 

Recovery Series (460 Volt, 3 Phase, 60 

Hz) 

• Models CHDZ***74 with capacities 

ranging from 72,000 to 288,000 Btu/ 

h. 

• ***: 072, 096, 144, 168, 192, 216, 

240, 264, 288. 

• Models CHDZR***74 with capacities 

ranging from 72,000 to 288,000 Btu/ 

h. 

• ***: 072, 096, 144, 168, 192, 216, 

240, 264, 288. 

ECOi Outdoor Unit Water Source Heat 

Recovery Series (208/230 Volt, 3 Phase, 

60 Hz) 

• Models CHWDZ***63 with capacities 

ranging from 72,000 to 96,000 Btu/ 

h. 

• ***: 072, 096. 

ECOi Outdoor Unit Water Source Heat 

Recovery Series (460 Volt, 3 Phase, 60 

Hz) 

• Models CHWDZ***74 with capacities 

ranging from 72,000 to 96,000 Btu/ 

h. 

• ***: 072, 096. 

Compatible Indoor Units For Above 

Listed Outdoor Units 

• UMHX**62 series low profile 

concealed ducted with nominally 

rated capacities of 7,000, 9,000, 

12,000, 15,000 and 18,000 Btu/h. 

• UHX**62 series low-medium static 

concealed ducted with nominally 

rated capacities of 7,000, 9,000, 

12,000, 15,000, 18,000, 24,000, 

36,000, 48,000 and 54,000 Btu/h. 

• DHX**52 series medium-high static 

concealed ducted with nominally 

rated capacities of 36,000 and 

48,000 Btu/h. 

• XMHX**52 series four way cassette 

with nominally rated capacities of 

12,000 and 18,000 Btu/h. 

• XHX**52 series four way cassette 

with nominally rated capacities of 

24,000 and 36,000 Btu/h. 

• AHX**52 series one way discharge 

ceiling cassette indoor units with 

nominally rated capacities of 7,000, 

9,000 and 12,000 Btu/h. 

• FHX**62 series floor mounted with 

nominally rated capacities of 7,000, 

9,000, 12,000, 15,000, 18,000 and 

24,000 Btu/h. 

• FMHX**62 series floor mounted 

concealed with nominally rated 

capacities of 7,000, 9,000, 12,000, 

15,000, 18,000 and 24,000 Btu/h. 

• KHX**52 series wall mounted with 

nominally rated capacities of 7,000, 

9,000, 12,000, 15,000, 18,000 and 

24,000 Btu/h. 

• KHX**62 series wall mounted with 

nominally rated capacities of 18,000 

and 19,000 Btu/h. 

• THX**52 series ceiling suspended 

with nominally rated capacities of 

12,000, 18,000 and 24,000 Btu/h. 

• VHX**62 series vertical air handler 

with nominally rated capacities of 

12,000, 18,000, 24,000, 30,000, 

36,000, 42,000, 48,000 and 60,000 

Btu/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. 

IV. Alternate Test Procedure 

In responses to two recent petitions 

for waiver from Mitsubishi, DOE 

specified an alternate test procedure to 

provide a basis from which Mitsubishi 

could test and make valid energy 

efficiency representations for its R410A 

CITY MULTI products, as well as for its 

R22 multi-split products. Alternate test 

procedures related to the Mitsubishi 

petitions were published in the Federal 

Register on April 9, 2007. See 72 FR 

17528 and 72 FR 17533. For reasons 

similar to those published in these prior 

notices, DOE believes that an alternate 

test procedure is appropriate in this 

instance. 

DOE understands that existing testing 

facilities have limited ability to test 

multiple indoor units simultaneously. 

This limitation makes it impractical for 

manufacturers to test the large number 

of possible combinations of indoor and 

outdoor units for some variable 

refrigerant flow zoned systems. We 

further note that after DOE granted a 

waiver for Mitsubishi’s R22 multi-split 

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—AHRI Standard 

1230—2009: ‘‘Performance Rating of 

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

Equipment.’’ This test procedure has not 

yet been incorporated into ASHRAE 

90.1. 

Therefore, as discussed below, as a 

condition for granting this interim 

waiver to Sanyo, DOE is including an 

alternate test procedure similar to those 

granted to Mitsubishi for its R22 and 

R410A products. DOE plans to consider 

the same alternate test procedure in the 

context of the subsequent decision and 

order pertaining to Sanyo’s petition for 

waiver. This alternate test procedure 

will allow Sanyo to test and make 

energy efficiency representations for its 

ECO-i 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); Sanyo (74 FR 

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

16373, April 10, 2009); Mitsubishi (74 

FR 66315, December 15, 2009) and LG 

(74 FR 66330, December 15, 2009). 

The alternate test procedure 

developed in conjunction with the 

Mitsubishi waiver permits Sanyo to 


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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 Sanyo’s ECO-i 

commercial multi-split water-source 

heat pump models: 

(1) The petition for waiver filed by 

Sanyo North America Corp. is hereby 

granted as set forth in the paragraphs 

below. 

(2) Sanyo shall not be required to use 

existing test procedures to test or rate its 

ECO-i variable capacity multi-split heat 

pump products listed above in section 

III, but shall be required to test and rate 

such products according to the alternate 

test procedure as set forth in paragraph 

(3). 

(3) Alternate test procedure. 

(A) Sanyo shall be required to test the 

products listed in section III above 

according to the test procedures for 

central air conditioners and heat pumps 

prescribed by DOE at 10 CFR 431.96, 

except that Sanyo 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, 

Sanyo shall make representations 

concerning the ECO-i products covered 

in this waiver according to the 

provisions of subparagraph (C) below. 

(B) Tested combination. The term 

tested combination means a sample 

basic model comprised of units that are 

production units, or are representative 

of production units, of the basic model 

being tested. For the purposes of this 

waiver, the tested combination shall 

have the following features: 

(1) The basic model of a variable 

refrigerant flow system used as a tested 

combination shall consist of one 

outdoor unit, with one or more 

compressors, that is matched with 

between two and five indoor units. (For 

systems with nominal cooling capacities 

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

eight indoor units may be used, so as to 

be able to test non-ducted indoor unit 

combinations). For multi-split systems, 

each of these indoor units shall be 

designed for individual operation. 

(2) The indoor units shall— 

(i) Represent the highest sales model 

family or another indoor model family 

if the highest sales model family does 

not provide sufficient capacity (see ii); 

(ii) Together, have a nominal cooling 

capacity that is between 95% and 105% 

of the nominal cooling capacity of the 

outdoor unit; 

(iii) Not, individually, have a nominal 

cooling capacity that is greater than 

50% of the nominal cooling capacity of 

the outdoor unit; 

(iv) Operate at fan speeds that are 

consistent with the manufacturer’s 

specifications; and 

(v) Be subject to the same minimum 

external static pressure requirement 

while being configurable to produce the 

same static pressure at the exit of each 

outlet plenum when manifolded as per 

section 2.4.1 of 10 CFR Part 430, subpart 

B, appendix M. 

(C) Representations. In making 

representations about the energy 

efficiency of its ECO-i variable capacity 

multi-split heat pump products for 

compliance, marketing, or other 

purposes, Sanyo must fairly disclose the 

results of testing under the DOE test 

procedure in a manner consistent with 

the provisions outlined below: 

(1) For ECO-i combinations tested in 

accordance with this alternate test 

procedure, Sanyo may make 

representations based on these test 

results. 

(2) For ECO-i combinations that are 

not tested, Sanyo may make 

representations of non-tested 

combinations at the same energy 

efficiency level as the tested 

combination. The outdoor unit must be 

the one used in the tested combination. 

The representations must be based on 

the test results for the tested 

combination. The representations may 

also be determined by an Alternative 

Rating Method approved by DOE. 

V. Summary and Request for Comments 

Through today’s notice, DOE 

announces receipt of the Sanyo petition 

for waiver from the test procedures 

applicable to Sanyo’s ECO-i commercial 

multi-split heat pump products. For the 

reasons articulated above, DOE also 

grants Sanyo an interim waiver from 

those procedures. As part of this notice, 

DOE is publishing Sanyo’s petition for 

waiver in its entirety. The petition 

contains no confidential information. 

Furthermore, today’s notice includes an 

alternate test procedure that Sanyo is 

required to follow as a condition of its 

interim waiver and that DOE is 

considering including in its subsequent 

decision and order. In this alternate test 

procedure, DOE is defining a tested 

combination that Sanyo could use in 

lieu of testing all retail combinations of 

its ECO-i 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: Mr. Gary Nettinger, 

Vice President, Applied Products 

Group, Sanyo North America Corp., 

1690 Roberts Blvd., NW, Suite 110, 

Kennesaw, GA 30144. 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 10, 

2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

SANYO North America Corp. 

Commercial Solutions Division 

HVAC Solutions Group 

1690 Roberts Blvd., NW 

Suite 110 

Kennesaw, GA 30144 

Tel: 678.355.6635 

http://us.sanyo.com/hvac 


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13118 Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Notices 

January 4, 2010 

Ms. Catherine Zoi 

Assistant Secretary for Energy Efficiency 

and Renewable Energy 

United States Department of Energy 

1000 Independence Ave., SW 

Washington, DC 20585–0121 

Re: Petition for Waiver of Test 

Procedure and Application for Interim 

Waiver for ECO-i Air Source and 

Water Source Heat Pumps and Heat 

Recovery Products 

Dear Assistant Secretary Zoi, 

SANYO North America Corporation 

(SANYO) respectfully petitions the 

Department of Energy (DOE) pursuant to 

10 C.F.R § 431.401(a) (1–1–09 Edition) 

for a waiver of the test procedure as 

defined in 10 C.F.R § 431.96 (1–1–09 

Edition), ARI Standard 340/360–2004 

and ISO Standard 13256–1 for SANYO’s 

ECOi commercial Variable Refrigerant 

Flow (VRF) multi-split air and water 

source heat pump and heat recovery 

systems. This petition for waiver is 

requested for SANYO’s ECOi VRF 

multi-split systems because the basic 

design of VRF multi split systems result 

in the inability to test or rate the 

performance of the system according to 

prescribed test procedures at this time. 

SANYO would also request that any 

future SANYO ECOi VRF multi-split 

products that may be developed also be 

provided waiver from test procedure 

until an accepted test procedure is 

identified by DOE. 

DOE has previously granted a similar 

waiver to SANYO for our first 

generation ECOi air source heat pump 

and heat recovery products on April 9, 

2009 (F.R. Vol. 74/No. 67/pages 16193– 

16197). SANYO’s ECOi VRF multi-split 

equipment addressed in this petition 

results from the planned introduction of 

our second generation ECOi product 

line targeted for a phased introduction 

beginning in February 2010. This new 

second generation ECOi product line 

incorporates new technologies and other 

design changes that increase the overall 

system performance and expand the 

product line. This new second 

generation product does however 

maintain many of the same basic 

functions and features of our original 

ECOi product line which was addressed 

a previous petition (Case No. CAC–017, 

dated February 22, 2007). 

SECTION 1—BACKGROUND 

SANYO’s ECO-i VRF Multi-split heat 

pumps and heat recovery products 

contains characteristics that prevent 

testing of the system using the 

procedures outlined in ARI 340/360– 

2004 or ISO 13256–1. The products 

identified in this request involve 90 

unique outdoor models and 54 unique 

indoor models and the line continues to 

expand. These indoor and outdoor units 

may be connected in such a substantial 

possible number of configurations that 

more than one million unique systems 

may be created. ECOi VRF multi-split 

systems may involve up to 40 indoor 

units being connected to an outdoor 

system. Simply stated, testing 

laboratories cannot test products with so 

many indoor units connected to an 

outdoor system. There are too many 

possible combinations to be feasibly 

tested. And testing facilities are not 

designed to test multi split VRF systems 

with such large numbers of indoor and 

outdoor units. 

As a result of the before mentioned 

test procedure problems, SANYO seeks 

a waiver from test procedures for these 

products and future ECOi VRF products 

until such time as a permanent or 

interim method of testing and rating 

VRF Multi-Split products is adopted. 

SECTION 2—SANYO Petitions a 

Waiver from Test Procedure for the 

following Particular Basic Model 

Groups 

ECOi Outdoor Unit Air Source Heat 

Pump Series (208/230 Volt, 3 Phase, 60 

Hz): 

• Models CHDX***63 with capacities 

ranging from 72,000 to 288,000 

BTU/Hr. 

• ***: 072, 096, 144, 168, 192, 216, 

240, 264, 288 

• Models CHDXR***63 with capacities 

ranging from 72,000 to 288,000 

BTU/Hr. 

• ***: 072, 096, 144, 168, 192, 216, 

240, 264, 288 

ECOi Outdoor Unit Air Source Heat 

Pump Series (460 Volt, 3 Phase, 60 Hz): 

• Models CHDX***74 with capacities 

ranging from 72,000 to 288,000 

BTU/Hr. 

• ***: 072, 096, 144, 168, 192, 216, 

240, 264, 288 

• Models CHDXR***74 with capacities 

ranging from 72,000 to 288,000 

BTU/Hr. 

• ***: 072, 096, 144, 168, 192, 216, 

240, 264, 288 

ECOi Outdoor Unit Air Source Heat 

Recovery Series (208/230 Volt, 3 Phase, 

60 Hz): 

• Models CHDZ***63 with capacities 

ranging from 72,000 to 288,000 

BTU/Hr. 

• ***: 072, 096, 144, 168, 192, 216, 

240, 264, 288 

• Models CHDZR***63 with capacities 

ranging from 72,000 to 288,000 

BTU/Hr. 

• ***: 072, 096, 144, 168, 192, 216, 

240, 264, 288 

ECOi Outdoor Unit Air Source Heat 

Recovery Series (460 Volt, 3 Phase, 60 

Hz): 

• Models CHDZ***74 with capacities 

ranging from 72,000 to 288,000 

BTU/Hr. 

• ***: 072, 096, 144, 168, 192, 216, 

240, 264, 288 

• Models CHDZR***74 with capacities 

ranging from 72,000 to 288,000 

BTU/Hr. 

• ***: 072, 096, 144, 168, 192, 216, 

240, 264, 288 

ECOi Outdoor Unit Water Source Heat 

Recovery Series (208/230 Volt, 3 Phase, 

60 Hz): 

• Models CHWDZ***63 with capacities 

ranging from 72,000 to 288,000 

BTU/Hr. 

• ***: 072, 096, 144, 168, 192, 216, 

240, 264, 288 

ECOi Outdoor Unit Water Source Heat 

Recovery Series (460 Volt, 3 Phase, 60 

Hz): 

• Models CHWDZ***74 with capacities 

ranging from 72,000 to 288,000 

BTU/Hr. 

• ***: 072, 096, 144, 168, 192, 216, 

240, 264, 288 

All outdoor units identified above are 

compatible for use with the below listed 

indoor units. SANYO ECOi indoor units 

operate on 208/230 volt single phase 60 

hertz power supplies. 

SANYO ECOi VRF Indoor Units: 

• UMHX**62 series low profile 

concealed ducted with nominally 

rated capacities of 7,000, 9,000, 

12,000, 15,000 and 18,000 BTU/hr. 

• UHX**62 series low-medium static 

concealed ducted with nominally 

rated capacities of 7,000, 9,000, 

12,000, 15,000, 18,000, 24,000, 

36,000, 48,000 and 54,000 BTU/hr. 

• DHX**52 series medium-high static 

concealed ducted with nominally 

rated capacities of 36,000 and 

48,000 BTU/hr. 

• XMHX**52 series four way cassette 

with nominally rated capacities of 

12,000 and 18,000 BTU/hr. 

• XHX**52 series four way cassette 

with nominally rated capacities of 

24,000 and 36,000 BTU/hr. 

• AHX**52 series one way discharge 

ceiling cassette indoor units with 

nominally rated capacities of 7,000, 

9,000 and 12,000 BTU/hr. 

• FHX**62 series floor mounted with 

nominally rated capacities of 7,000, 

9,000, 12,000, 15,000, 18,000 and 

24,000 BTU/hr. 

• FMHX**62 series floor mounted 

concealed with nominally rated 

capacities of 7,000, 9,000, 12,000, 

15,000, 18,000 and 24,000 BTU/hr. 

• KHX**52 series wall mounted with 

nominally rated capacities of 7,000, 


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9,000, 12,000, 15,000, 18,000 and 

24,000 BTU/hr. 

• KHX**62 series wall mounted with 

nominally rated capacities of 18,000 

and 19,000 BTU/hr. 

• THX**52 series ceiling suspended 

with nominally rated capacities of 

12,000, 18,000 and 24,000 BTU/hr. 

• VHX**62 series vertical air handler 

with nominally rated capacities of 

12,000, 18,000, 24,000, 30,000, 

36,000, 42,000, 48,000 and 60,000 

BTU/hr. 

SECTION 3—DESIGN 

CHARACTERISTICS CONSTITUTING 

THE GROUNDS FOR PETITION 

ECO-i VRF multi split products 

enable the connection of multiple 

indoor units to an outdoor unit or 

outdoor system comprised of one, two 

or even three interconnected outdoor 

units. SANYO designs and 

manufactures ECOi VRF multi-split 

systems outdoor units which utilize 

either air or water as the heat exchange 

media. All outdoor units are capable of 

part load operation by varying 

refrigerant flow through the use of 

inverter driven variable speed 

compressor technology. This results in 

the outdoor units operating capacity 

closely matching the actual indoor load. 

The ECO-i product line is designed to 

optimize overall system performance 

and efficiency when operating at part 

load. This significantly decreases 

overall energy usage. 

Each indoor unit of the ECO-i system 

may have an individual remote 

controller that allows the occupant to 

adjust their temperature independently 

of the set temperature of other indoor 

units connected to the same outdoor 

unit. Some of the indoor units may be 

set to the ‘‘off’’ mode which increases 

energy sayings even further when 

heating or cooling is not required. 

The variable speed compressor is 

capable of reducing operating capacity 

to a fraction of its full load capacity. 

This results in a significant energy 

savings when only a small amount of 

heating or cooling is required. 

The VRF multi-split technology that is 

incorporated in the ECO-i system allows 

up to 130% of indoor unit rated 

capacity to be connected to the outdoor 

unit system. VRF technology allows this 

mis-match of indoor to outdoor capacity 

to again save energy and to utilize load 

shifting diversity while still meeting the 

HVAC requirements of the building. 

ECO-i series ‘‘CHDZ Heat Recovery’’ 

VRF multi-split outdoor units go one 

step farther by allowing the consumer to 

operate both heating and cooling 

simultaneously. In the simultaneous 

mode, heat is actually being removed 

from the ‘‘cooling zones’’ and deposited 

in the ‘‘heating zones’’ via the system’s 

heat recovery ability. Although there is 

no currently adopted DOE, AHRI or 

ASHRAE method to recognize the 

systems performance during 

simultaneous operation, it is certainly 

reasonable to believe that the overall 

system efficiency is dramatically 

increased. This increase in efficiency 

occurs because some indoor units 

within the building are acting as 

condensers while other indoor units are 

acting as evaporators at the same time. 

This means that heat is transferred 

within the building rather than being 

wasted to the outdoor environment. 

Multi-split VRF technology will help 

our nation to reduce the amount of 

energy needed to heat and cool our 

buildings. SANYO is pleased to 

introduce this technology to not only 

improve the control that the end user 

has over their environment but also to 

help with our nation’s desire to reduce 

overall energy usage. 

The Department of Energy (DOE) has 

previously granted waivers and/or 

interim waivers to other manufacturers 

of similar VRF multi-split equipment 

that contain the same basic design 

characteristics as that of SANYO’s ECOi product line. Such waiver relief has 

been granted to: 

➢ Mitsubishi ..................................... 69 Fed. Reg., 52660 ...................................................................................... August 27, 2004. 

➢ Samsung ........................................ 70 Fed. Reg., 9629 ........................................................................................ February 28, 2005. 

➢ Mitsubishi ..................................... 71 Fed. Reg., 14858 ...................................................................................... March 24, 2006. 

➢ Mitsubishi ..................................... 72 Fed. Reg., 17528 ...................................................................................... April 9, 2007. 

➢ Samsung ........................................ 72 Fed. Reg., 71387 ...................................................................................... December 17, 2007. 

➢ Fujitsu ........................................... 72 Fed. Reg., 71383 ...................................................................................... December 17, 2007. 

➢ SANYO .......................................... 73 Fed. Reg., 179 .......................................................................................... January 7, 2008. 

➢ Daikin ............................................ 73 Fed. Reg., 1207, 1213 .............................................................................. January 7, 2008. 

➢ Daikin ............................................ 73 Fed. Reg., 39,680 ..................................................................................... July 10, 2008. 

➢ SANYO .......................................... 74 Fed. Reg., No. 67 ..................................................................................... April 9, 2009. 

SECTION 4—SPECIFIC 

REQUIREMENTS SOUGHT TO BE 

WAIVED 

SANYO petitions waiver from the test 

conditions and procedures of ARI 

Standard 340/360–2004 identified by 

Table 1 to § 431.96 and to section 431.96 

of 10 C.F.R 431 (1–1–09 Edition) for our 

ECOi VRF multi-split air cooled heat 

pump and heat recovery systems with 

nominal capacity ranging from 72,000 to 

288,000 BTU/hr. 

SANYO also petitions waiver from the 

test conditions and procedures of ISO 

Standard 13256–1 (1998) identified in 

Table 1 to § 431.96 and to section 431.96 

of 10 C.F.R 431 (1–1–09 Edition) for our 

ECOi VRF multi-split water source heat 

pump and heat recovery systems with 

nominal capacity ranging from 72,000 to 

288,000 BTU/hr. 

SECTION 5—IDENTITY OF 

MANUFACTURERS OF SIMILAR 

BASIC MODELS 

To the best of our knowledge the 

following manufacturers either 

currently market similar VRF products 

within the United States: 

• Daikin AC (Americas), Inc. 

• Fujitsu General America, Inc. 

• LG Electronics U.S.A., Inc. 

• Mitsubishi Electric & Electronics 

USA, Inc. 

SECTION 6—ALTERNATE TESTING 

PROCEDURES 

SANYO requests that DOE apply the 

same Alternative Test Procedure to 

cover the ECOi systems defined in 

Section 2 above as DOE previously 

applied to SANYO’s first generation 

ECOi VRF multi-split products as 

defined in Federal Register/Vol. 74, No. 

67/Thursday, April 9, 2009/Notices, 

pages 16195 and 16196. 

SECTION 7—APPLICATION FOR 

INTERIM WAIVER 

In accordance with 10 CFR 

431.401(a)(2) SANYO takes this 

opportunity to also submit an 

Application for Interim Waiver of test 

procedures for our ECO-i VRF multisplit models listed in Section 2 of this 

document. SANYO believes that it is 

likely that our Petition for Waiver will 

be granted based upon but not limited 

to the following supportive facts: 

• The approvals of similar Petitions for 

Waiver and/or Applications for 

Interim Waivers requests have 

previously been granted by DOE for 

Mitsubishi Electric & Electronics 


sroberts on DSKD5P82C1PROD with NOTICES
13120 Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Notices 

USA, Daikin AC (Americas), 

Samsung, Fujitsu General America, 

Inc. and SANYO. Details of these 

approvals are provided in Section 3 

of this document. 

• Through the approval of previous 

Petitions for Waiver and 

Applications for Interim Waiver it 

has been demonstrated that testing 

standards such as ARI 340–360 and 

ISO 13256–1 do not adequately 

define uniform methods to test and 

rate the performance the VRF multisplit products. 

• Failure to approve our Petition for 

Waiver and Application for Interim 

Waiver will not only result in 

significant economic hardship but 

SANYO will also suffer a serious 

competitive disadvantage as other 

manufacturers of similar product 

continue to be able to market their 

VRF multi-split products and gain 

market share while SANYO could 

not. 

• A significant portion of SANYO’s 

overall projected sales revenues are 

dependent upon the timely 

introduction of this product line. 

Our intention is to begin 

introducing these new ECOi 

products in February 2010. 

• The approval of this waiver and 

interim waiver is in the best interest 

of our public and government 

initiatives to reduce national energy 

usage. 

It is therefore reasonable for one to 

believe that SANYO’s petition will also 

be granted. 

SECTION 8—CONFIDENTIAL 

INFORMATION 

SANYO makes no request to DOE 

related to this Petition for Waiver from 

Test Procedure or Application for 

Interim Waiver containing confidential 

information. 

SECTION 9—CONCLUSION 

It is clear that without the approval of 

this Petition for Waiver and Application 

for Interim Waiver that SANYO will 

loose our ability to effectively compete 

in the United States VRF market. This 

is a market in which our company has 

proven success with HVAC products for 

more than 25 years and even longer in 

many other countries throughout the 

world. SANYO is pleased to have an 

opportunity to bring this leading edge 

technology to the United States market, 

to not only improve the comfort of 

Americans but also to also reduce the 

amount of energy consumed on building 

cooling and heating. 

SANYO respectfully requests the 

Department of Energy grant our 

Application for Interim Waiver and our 

Petition for Waiver from Test Procedure 

to enable the introduction of our second 

generation advanced ECO-i products to 

the U.S. market. Granting these 

requested waivers will permit us to 

effectively compete in the marketplace. 

Due to our near term introduction of 

our ECO-i product offering we would 

greatly appreciate a timely response to 

this Petition for Waiver from Test 

Procedure and Application for Interim 

Waiver. 

As stated in the introduction of this 

request SANYO would also request that 

any future SANYO ECOi products that 

may be developed also be provided 

waiver from test procedure until an 

accepted test procedure is identified by 

DOE. 

Should you or any parties have 

questions related to this Petition for 

Waiver from Test Procedure and 

Application for Interim Waiver, please 

contact Gary Nettinger at 678–810–0261 

or by email at 

gnettinger@sna.sanyo.com. 

Sincerely, 

Gary Nettinger 

Vice President; Applied Products Group 

SANYO North America, Corp. 

1690 Roberts Blvd., NW 

Suite 110 

Kennesaw, GA 30144 

cc: 

Daikin AC (Americas), Inc. 

1645 Wallace Drive, Suite 110 

Carrollton, TX 75006 

Attn: Akinori Atarashi, President 

Fujitsu General America, Inc. 

353 Route 46 West 

Fairfield, NJ 07004 

Attn: Arturo Thur De Koos, Engineering 

& Technical Support 

LG Electronics USA, Inc. 

1750 K Street NW 

Washington, DC 20006 

Attn: John I. Taylor, Vice President, 

Public Affairs and Communications 

Mitsubishi Electric & Electronics USA, 

Inc. 

4300 Lawrenceville-Suwanee Road 

Suwanee, GA 30024 

Attn: William Rau, Senior Vice 

President and General Manager 

[FR Doc. 2010–5934 Filed 3–17–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. RF–011] 

Energy Conservation Program for 

Consumer Products: Decision and 

Order Granting a Waiver to Samsung 

Electronics America, Inc. From the 

Department of Energy Residential 

Refrigerator and Refrigerator-Freezer 

Test Procedure (Case No. RF–011) 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Decision and order. 

SUMMARY: The U.S. Department of 

Energy (DOE) gives notice of the 

decision and order (Case No. RF–011) 

that grants to Samsung Electronics 

America, Inc. (Samsung) a waiver from 

the DOE electric refrigerator and 

refrigerator-freezer test procedure for 

certain basic models containing relative 

humidity sensors and adaptive control 

anti-sweat heaters. Under today’s 

decision and order, Samsung shall be 

required to test and rate its refrigeratorfreezers with adaptive control antisweat heaters according to an alternate 

test procedure that takes this technology 

into account when measuring energy 

consumption. 

DATES: This Decision and Order is 

effective March 18, 2010. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Michael G. Raymond, U.S. Department 

of Energy, Building Technologies 

Program, Mailstop EE–2J, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–9611, E-mail: 

AS_Waiver_Requests@ee.doe.gov. Betsy 

Kohl, U.S. Department of Energy, Office 

of General Counsel, Mail Stop GC–71, 

1000 Independence Avenue, SW., 

Washington, DC 20585–0103, (202) 586– 

7796; E-mail: 

Elizabeth.Kohl@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: In 

accordance with Title 10 of the Code of 

Federal Regulations (10 CFR) 430.27(l), 

DOE gives notice of the issuance of its 

decision and order as set forth below. 

The decision and order grants Samsung 

a waiver from the applicable residential 

refrigerator and refrigerator-freezer test 

procedures at 10 CFR part 430 subpart 

B, appendix A1 for certain basic models 

of refrigerator-freezers with relative 

humidity sensors and adaptive control 

anti-sweat heaters, provided that 

Samsung tests and rates such products 

using the alternate test procedure 

described in this notice. Today’s 


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