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[Federal Register Volume 76, Number 132 (Monday, July 11, 2011)]
[Notices]
[Pages 40714-40717]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17311]

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. CAC-030]

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

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Decision and Order.

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SUMMARY: This notice publishes the U.S. Department of Energy's (DOE) 
Decision and Order in Case No. CAC-030, which grants Mitsubishi 
Electric & Electronics USA, Inc. (Mitsubishi) a waiver from the 
existing DOE test procedures applicable to commercial package air-
source and water-source central air conditioners and heat pumps. The 
waiver is specific to indoor units of the Mitsubishi variable capacity 
CITY MULTI WR2 and WY Series and CITY MULTI S&L Class multi-split 
commercial heat pumps. As a condition of this waiver, Mitsubishi must 
use the alternate test procedure set forth in this notice to test and 
rate its WR2 and WY Series and S&L Class CITY MULTI multi-split 
commercial heat pumps.

DATES: This Decision and Order is effective July 11, 2011.

FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S. 
Department of Energy, Building Technologies Program, Mailstop EE-2J, 
1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone: 
(202) 586-9611. E-mail: Michael.Raymond@ee.doe.gov.
    Ms. Jennifer Tiedeman, U.S. Department of Energy, Office of the 
General Counsel, Mail Stop GC-71, Forrestal Building, 1000 Independence 
Avenue, SW., Washington, DC 20585-0103. Telephone: (202) 287-6111. E-
mail: mailto:Jennifer.Tiedeman@hq.doe.gov.

SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of 
Federal Regulations (10 CFR) 431.401(f)(4), DOE is providing notice of 
the issuance of the Decision and Order set forth below. In this 
Decision and Order, DOE grants Mitsubishi a waiver from the existing 
DOE commercial package air conditioner and heat pump test procedures 
for specific indoor units of its CITY MULTI WR2 and WY Series and CITY 
MULTI S&L Class multi-split commercial heat pumps. The waiver requires 
Mitsubishi use the alternate test procedure provided in this notice to 
test and rate the specified models of indoor units from its CITY MULTI 
WR2 and WY Series and CITY MULTI S&L Class multi-split equipment line 
(as identified below).
    Today's decision prohibits Mitsubishi from making any 
representations concerning the energy efficiency of this equipment 
unless the equipment has been tested consistent with the provisions and 
restrictions in the alternate test procedure set forth in the Decision 
and Order below, and the representations fairly disclose the test 
results. (42 U.S.C. 6314(d)) Distributors, retailers, and private 
labelers are held to the same standard when making representations 
regarding the energy efficiency of this equipment. Id.

    Issued in Washington, DC, on July 5, 2011.
Kathleen Hogan,
Deputy Assistant Secretary for Energy Efficiency, Office of Technology 
Development, Energy Efficiency and Renewable Energy.

Decision and Order

    In the Matter of: Mitsubishi Electric & Electronics USA, Inc. 
(Mitsubishi) (Case No. CAC-030).

Background

    Title III, Part C of the Energy Policy and Conservation Act of 1975 
(EPCA), Public Law 94-163 (42 U.S.C. 6311-6317, as codified, added by 
Public Law 95-619, Title IV, 441(a), established the Energy 
Conservation Program for certain industrial equipment, which includes 
commercial air conditioning equipment, package boilers, water heaters, 
and other

[[Page 40715]]

types of commercial equipment, the focus of this notice.\1\
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part C was re-designated Part A-1.
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    Part C specifically includes definitions (42 U.S.C. 6311), test 
procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C. 6315), 
energy conservation standards (42 U.S.C 6313), and the authority to 
require information and reports from manufacturers (42 U.S.C. 6316). 
With respect to test procedures, Part C authorizes the Secretary of 
Energy (the Secretary) to prescribe test procedures that are reasonably 
designed to produce results that measure energy efficiency, energy use, 
and estimated annual operating costs, and that are not unduly 
burdensome to conduct. (42 U.S.C. 6314(a)(2))
    For commercial package air-conditioning and heating equipment, EPCA 
provides that ``the test procedures shall be those generally accepted 
industry testing procedures or rating procedures developed or 
recognized by the Air-Conditioning and Refrigeration Institute [ARI] or 
by the American Society of Heating, Refrigerating and Air-Conditioning 
Engineers [ASHRAE], as referenced in ASHRAE/IES Standard 90.1 and in 
effect on June 30, 1992.'' (42 U.S.C. 6314(a)(4)(A)) Under 42 U.S.C. 
6314(a)(4)(B), if the industry test procedure for commercial package 
air-conditioning and heating equipment is amended, EPCA directs the 
Secretary to amend the corresponding DOE test procedure unless the 
Secretary determines, by rule and based on clear and convincing 
evidence, that such a modified test procedure does not meet the 
statutory criteria set forth in 42 U.S.C. 6314(a)(2) and (3).
    On December 8, 2006, DOE published a final rule adopting test 
procedures for commercial package air-conditioning and heating 
equipment, effective January 8, 2007. 71 FR 71340. Table 1 to Title 10 
of the Code of Federal Regulations (10 CFR) 431.96 directs 
manufacturers of commercial package air conditioning and heating 
equipment to use the appropriate procedure when measuring energy 
efficiency of this equipment. For small commercial packaged water-
source heat pumps with capacities less than 135,000 Btu/h, ISO Standard 
13256-1 (1998) is the applicable test procedure. For commercial package 
air-source equipment with capacities between 65,000 and 760,000 Btu/h, 
ARI Standard 340/360-2004 is the applicable test procedure.
    DOE's regulations for covered products and equipment permit a 
person to seek a waiver from the test procedure requirements for 
covered commercial equipment if at least one of the following 
conditions is met: (1) The petitioner's basic model contains one or 
more design characteristics that prevent testing according to the 
prescribed test procedures; or (2) the prescribed test procedures may 
evaluate the basic model in a manner so unrepresentative of its true 
energy consumption as to provide materially inaccurate comparative 
data. 10 CFR 431.401(a)(1). Petitioners must include in their petition 
any alternate test procedures known to the petitioner to evaluate the 
basic model in a manner representative of its energy consumption. 10 
CFR 431.401(b)(1)(iii). The Assistant Secretary for Energy Efficiency 
and Renewable Energy (Assistant Secretary) may grant a waiver subject 
to conditions, including adherence to alternate test procedures. 10 CFR 
431.401(f)(4). Waivers remain in effect pursuant to the provisions of 
10 CFR 431.401(g).
    The waiver process also permits parties submitting a petition for 
waiver to file an application for interim waiver of the applicable test 
procedure requirements. 10 CFR 431.401(a)(2). The Assistant Secretary 
will grant an interim waiver request if it is determined that the 
applicant will experience economic hardship if the application for 
interim waiver is denied, if it appears likely that the petition for 
waiver will be granted, and/or the Assistant Secretary determines that 
it would be desirable for public policy reasons to grant immediate 
relief pending a determination on the petition for waiver. 10 CFR 
431.401(e)(3). An interim waiver remains in effect for 180 days or 
until DOE issues its determination on the petition for waiver, 
whichever occurs first. It may be extended by DOE for an additional 180 
days. 10 CFR 431.401(e)(4).
    On December 15, 2009, DOE granted Mitsubishi waivers from the DOE 
commercial air conditioner and heat pump test procedures for 
Mitsubishi's CITY MULTI WR2 and WY Series equipment and its CITY MULTI 
S&L Class equipment. 74 FR 66311; 74 FR 66315. On February 18, 2011, 
Mitsubishi submitted a petition for waiver, listing additional models 
of indoor units used in these multi-split systems. The petition 
includes indoor models in existing model families that have capacities 
not previously offered, as well as new indoor model families to be used 
with the systems. These additional indoor models face the same testing 
challenges as the models already covered by the previous CITY MULTI WR2 
and WY Series waiver and the CITY MULTI S&L Class waiver. On April 6, 
2011, DOE published Mitsubishi's petition for waiver in the Federal 
Register, and requested interested parties to comment. 76 FR 19078. No 
comments were received.

Assertions and Determinations

Mitsubishi's Petition for Waiver
    Mitsubishi seeks a waiver from the applicable test procedures under 
10 CFR 431.96 on the grounds that its new CITY MULTI WR2 and WY Series 
and S&L Class multi-split heat pumps contain design characteristics 
that prevent testing according to the current DOE test procedures. 
Specifically, Mitsubishi asserts that existing testing facilities have 
limited ability to test multiple indoor units at one time, and that the 
large number of possible combinations of indoor and outdoor units is 
impractical to test. DOE previously granted the CITY MULTI WR2 and WY 
Series and the CITY MULTI S&L Class equipment waivers on that basis. 
The additional indoor models that are the subjects of this petition 
would be used just as the equipment covered by the previous CITY MULTI 
WR2 and WY Series waiver and the CITY MULTI S&L Class waiver, and thus 
present exactly the same testing challenges.
    As DOE found in its grants of the CITY MULTI WR2 and WY Series 
waiver and the CITY MULTI S&L Class waiver, indoor models are not the 
primary efficiency drivers for these systems; rather, the primary 
efficiency drivers are the outdoor units. Mitsubishi is not requesting 
a waiver for any new outdoor units. The new indoor units described 
above will be combined with the outdoor unit models covered by the 
prior waivers to create additional multi-split systems.
    Both the CITY MULTI WR2 and WY Series waiver and the CITY MULTI S&L 
Class waiver prescribed alternate test procedures pursuant to which 
Mitsubishi tests and rates its WR2 and WY Series and S&L class 
equipment. No changes to those alternate test procedures are needed to 
cover the additional indoor units that are the subjects of Mitsubishi's 
current petition. Therefore, Mitsubishi has requested that the 
additional indoor units considered today be subject to the same 
alternate test procedures as outlined in the CITY MULTI WR2 and WY 
Series waiver and the CITY MULTI S&L Class waiver, as applicable.
    DOE issues this Decision and Order granting Mitsubishi a test 
procedure waiver for its additional indoor units to be used in its CITY 
MULTI WR2 and

[[Page 40716]]

WY Series and CITY MULTI S&L Class multi-split heat pumps. As a 
condition of this waiver, Mitsubishi must use the alternate test 
procedure described below. This alternate test procedure is the same as 
the one that DOE approved for Mitsubishi in its waiver decisions in 
December 2009.
Alternate Test Procedure
    The alternate test procedure 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 between two 
and five indoor units so that the combination can be tested in 
available test facilities (for systems with nominal cooling capacities 
greater than 150,000 Btu/h, however, the number of indoor units may be 
as high as eight to allow testing of non-ducted indoor unit 
combinations). The tested combination must be tested according to the 
applicable DOE test procedures, as modified by the provisions of the 
alternate test procedure as set forth below.
    The alternate DOE test procedure also allows Mitsubishi to 
represent the equipment's energy efficiency. These representations must 
fairly disclose the test results. The DOE test procedures, as modified 
by the alternate test procedure set forth in this Decision and Order, 
provide for efficiency rating of a non-tested combination in one of two 
ways: (1) at an energy efficiency level determined using a DOE-approved 
alternative rating method or (2) at the efficiency level of the tested 
combination utilizing the same outdoor unit.
    For the reasons discussed above, DOE believes Mitsubishi's 
additional indoor units from its CITY MULTI WR2 and WY Series and CITY 
MULTI S&L Class multi-split equipment line cannot be tested using the 
procedures prescribed in 10 CFR 431.96 (ISO Standard 13256-1 (1998) and 
ARI Standard 340/360-2004) and incorporated by reference in DOE's 
regulations at 10 CFR 431.95(b)(2)-(3).
Consultations With Other Agencies
    DOE consulted with the Federal Trade Commission (FTC) staff 
concerning the Mitsubishi petition for waiver. The FTC staff did not 
have any objections to issuing a waiver to Mitsubishi.

Conclusion

    After careful consideration of all the materials submitted by 
Mitsubishi, the absence of any comments, and consultation with the FTC 
staff, it is ordered that:
    (1) The petition for waiver filed by Mitsubishi (Case No. CAC-030) 
is hereby granted as set forth in the paragraphs below.
    (2) Mitsubishi shall not be required to test or rate its additional 
indoor units of its CITY MULTI WR2 and WY and CITY MULTI S&L Class 
commercial package multi-split heat pumps listed below 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 CITY MULTI S&L 
Class equipment, and ISO Standard 13256-1998 for the water-source CITY 
MULTI WR2 and WY Series equipment. Instead, it shall be required to 
test and rate such equipment according to the alternate test procedure 
as set forth in paragraph (3).

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.

    (3) Alternate test procedure.
    (A) Mitsubishi shall be required to test the basic models of CITY 
MULTI WR2 and WY Series and CITY MULTI S&L Class water and air-source 
outdoor units and compatible indoor units listed above and in 
combination with the basic models listed in the waivers granted on 
December 15, 2009 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 
and WY Series and S&L Class CITY MULTI 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.
    (4) Representations. In making representations about the energy 
efficiency of its CITY MULTI WR2 and WY Series and CITY MULTI S&L Class 
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 CITY MULTI WR2 and WY Series and CITY MULTI S&L Class 
combinations tested in accordance with this alternate test procedure, 
Mitsubishi may make representations based on these test results.

[[Page 40717]]

    (2) For CITY MULTI WR2 and WY Series and CITY MULTI 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.
    (5) This waiver shall remain in effect from the date this Decision 
and Order is issued, consistent with the provisions of 10 CFR 
431.401(g).
    (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 the waiver at any time if it 
determines that the factual basis underlying the petition for waiver is 
incorrect, or the results from the alternate test procedure are 
unrepresentative of the basic models' true energy consumption 
characteristics.
    (7) This waiver applies only to those basic models set out in 
Mitsubishi's petition for waiver.
    (8) Grant of this waiver does not release a petitioner from the 
certification requirements set forth at 10 CFR Part 429.

    Issued in Washington, DC, on July 5, 2011.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Office of Technology 
Development, Energy Efficiency and Renewable Energy.
[FR Doc. 2011-17311 Filed 7-8-11; 8:45 am]
BILLING CODE 6450-01-P
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