```

[Federal Register Volume 77, Number 222 (Friday, November 16, 2012)]
[Notices]
[Pages 68755-68757]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27919]

[[Page 68755]]

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

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. CAC-038]

Decision and Order Granting a Waiver Granted to Samsung 
Electronics America, 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.

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

SUMMARY: The U.S. Department of Energy (DOE) gives notice of the 
decision and order (Case No. CAC-038) that grants Samsung Electronics 
America, Inc. (Samsung) a waiver from the DOE commercial package air-
source central air conditioners and heat pumps test procedures for 
determining the energy consumption set forth in its petition for 
waiver. Under today's decision and order, Samsung shall be required to 
test and rate its variable capacity Digital Variable Multi (DVM) 
(commercial) multi-split heat pumps with cooling capacities ranging 
from 72,000 Btu/h to 120,000 Btu/h, as specified in its petition using 
American National Standards Institute (ANSI)/Air-conditioning, Heating 
and Refrigeration Institute (AHRI) Standard 1230, as adopted in DOE's 
final rule dated May 16, 2012.

DATES: This Decision and Order is effective November 16, 2012 through 
May 12, 2013.

FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department 
of Energy, Building Technologies Program, Mailstop EE-2J, 1000 
Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 
586-0371. Email: Bryan.Berringer@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: DOE issues notice of this Decision and Order 
in accordance with Title 10 of the Code of Federal Regulations (10 CFR) 
431.401(f)(4). In this Decision and Order, DOE grants Samsung a waiver 
for the variable capacity DVM (commercial) multi-split heat pump 
equipment specified in its waiver submitted on October 17, 2011. 
Samsung must test and rate this equipment using ANSI/AHRI 1230, as 
adopted in DOE's final rule dated May 16, 2012 (77 FR 28928), as the 
alternative test procedure. DOE's final rule specifies use of ANSI/AHRI 
1230, but omits sections 5.1.2 and 6.6.
    Today's decision requires Samsung to make representations 
concerning the energy efficiency of this equipment consistent with the 
provisions and restrictions of the alternate test procedure in the 
Decision and Order below, and the representations must fairly disclose 
the test results. (42 U.S.C. 6314(d)) The same standard applies to 
distributors, retailers, and private labelers when making 
representations of the energy efficiency of this equipment.

    Issued in Washington, DC, on November 9, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Decision and Order

    In the Matter of: Samsung Electronics America, Inc. (Samsung) (Case 
No. CAC-038).

I. Background and Authority

    Title III, Part C of the Energy Policy and Conservation Act of 1975 
(EPCA), Public Law 94-163 (42 U.S.C. 6311-6317), established the Energy 
Conservation Program for certain industrial equipment, which includes 
commercial air conditioning equipment, the focus of this decision and 
order.\1\ 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))
---------------------------------------------------------------------------

    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part C was re-designated Part A-1.
---------------------------------------------------------------------------

    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)) 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). (42 U.S.C. 6314(a)(4)(B))
    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 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 according to the provisions of 
10 CFR 431.401(g).
    On October 17, 2011, Samsung submitted a petition for waiver from 
the DOE test procedure applicable to commercial package air-source and 
water-source central air conditioners and heat pumps set forth in 10 
CFR 431.96. Samsung requested the waiver for the specified basic model 
of Samsung's variable capacity Digital Variable Multi (DVM) 
(commercial) multi-split heat pumps with cooling capacities ranging 
from 72,000 Btu/h to

[[Page 68756]]

120,000 Btu/h. The applicable test procedure for these heat pumps is 
ARI 340/360-2004. Manufacturers are directed to use these test 
procedures pursuant to Table 1 of 10 CFR 431.96. Samsung seeks a waiver 
from the applicable test procedures under 10 CFR 431.96 on the grounds 
that its DVM multi-split heat pumps contain design characteristics that 
prevent testing according to the current DOE test procedures. Samsung 
requested that DOE allow it to test and rate its DVM multi-split heat 
pumps with cooling capacities ranging from 72,000 Btu/h to 120,000 Btu/
h according to the American National Standards Institute (ANSI)/Air-
conditioning, Heating and Refrigeration Institute (AHRI) Standard 1230-
2010: Performance Rating of Variable Refrigerant Flow (VRF) Multi-Split 
Air-Conditioning and Heat Pump Equipment (AHRI 1230).
    On May 16, 2012, DOE published a final rule (77 FR 28928) adopting 
certain revised efficiency standards and test procedures provided in 
American Society of Heating, Refrigerating, and Air-Conditioning 
Engineers (ASHRAE) Standard 90.1-2010 (ASHRAE final rule). The ASHRAE 
final rule incorporated by reference ANSI/AHRI 1230-2010 but it omits 
sections 5.1.2 and 6.6 for the products addressed in this waiver 
request. The rule was effective on July 16, 2012 and requires use of 
the test procedure on or after May 13, 2013. This decision and order 
(D&O) requires Samsung to use ANSI/AHRI 1230-2010 as addressed in the 
DOE's May 16, 2012 final rule (77 FR 28928) to test and rate specified 
models in order to be consistent with future test procedure 
requirements.

II. Samsung's Petition for Waiver: Assertions and Determinations

    In its October 17, 2011 petition, Samsung seeks a waiver from the 
applicable test procedures under 10 CFR 431.96 on the grounds that its 
DVM multi-split heat pumps contain design characteristics that prevent 
testing according to the current DOE test procedures. Specifically, 
Samsung asserts that the two primary factors that prevent testing of 
its DVM multi-split variable speed products are the same factors stated 
in the waivers that DOE granted to Mitsubishi Electric & Electronics 
America 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.
    See, e.g., 72 FR 17528 (April 9, 2007) (Mitsubishi); 76 FR 19069 
(April 6, 2011) (Daikin); 76 FR 19078 (April 6, 2011) (Mitsubishi); 76 
FR 31951 (June 2, 2011) (Carrier); 76 FR 50204 (August 12, 2011) 
(Fujitsu General Limited); 76 FR 65710 (October 24, 2011) (Mitsubishi).
    The DVM systems have operational characteristics similar to the 
commercial multi-split products manufactured by other manufacturers. As 
indicated above, DOE has already granted waivers for these products. 
The DVM system consists of multiple indoor units connected to an air-
cooled outdoor unit. These multi-splits are used in zoned systems where 
an outdoor or water-source unit can be connected with up to 10 separate 
indoor units, which need not be the same models. According to Samsung, 
the various indoor and outdoor models can be connected in a multitude 
of configurations, with many thousands of possible combinations. 
Consequently, Samsung requested that DOE grant a waiver from the 
applicable test procedures for its DVM product designs until a suitable 
test method can be prescribed.
    For the reasons discussed above, and because DOE prescribed ANSI/
AHRI 1230 as the alternate test procedure in waivers granted to other 
manufacturers (including the grant of Samsung's interim waiver request 
(76 FR 80916, Dec. 27, 2011), DOE determined that the equipment 
specified in Samsung's October 17, 2011 petition contains design 
characteristics that prevent testing according to the DOE test 
procedure, and that allowing Samsung to use as an alternate test 
procedure ANSI/AHRI 1230, as adopted in DOE's final rule dated May 16, 
2012 (77 FR 28928), addresses these testing difficulties.
Consultations With Other Agencies
    DOE consulted with the Federal Trade Commission (FTC) staff 
concerning the Samsung petition for waiver. The FTC staff did not have 
any objections to granting a waiver to Samsung.

III. Conclusion

    After careful consideration of all the material that was submitted 
by Samsung and consultation with the FTC staff, it is ordered that:
    (1) The petition for waiver submitted by the Samsung (Case No. CAC-
038) is hereby granted as set forth in the paragraphs below.
    (2) Samsung shall be required to test and rate the following basic 
model groups according to the alternate test procedure set forth in 
paragraph (3) of this section.

----------------------------------------------------------------------------------------------------------------
                                                                                                Cooling/heating
                 Type                            Model                    Description               [Btu/h]
----------------------------------------------------------------------------------------------------------------
Outdoor Unit.........................  RVXVHT075FE.............  Condensing unit heat pump...      72,000/81,000
                                       RVXVHT100FE.............  Condensing unit heat pump...     96,000/108,000
                                       RVXVHT125FE.............  Condensing unit heat pump...    120,000/135,000
                                       RD075VRXFA..............  Condensing unit heat pump...      72,000/81,000
                                       RD100VRXFA..............  Condensing unit heat pump...     96,000/108,000
                                       RD125VRXFA..............  Condensing unit heat pump...    120,000/135,000
Indoor Unit..........................  AVXCMH032CE.............  4-Way Ceiling Cassette Heat        9,500/10,500
                                                                  pump.
                                       AVXCMH040CE.............  4-Way Ceiling Cassette Heat       12,000/13,500
                                                                  pump.
                                       AVXCMH052CE.............  4-Way Ceiling Cassette Heat       18,000/20,000
                                                                  pump.
                                       AVXCMH060CE.............  4-Way Ceiling Cassette Heat       20,000/23,000
                                                                  pump.
                                       AVXC4H052CE.............  4-Way Ceiling Cassette Heat       18,000/20,000
                                                                  pump.
                                       AVXC4H072CE.............  4-Way Ceiling Cassette Heat       24,000/27,000
                                                                  pump.
                                       AVXC4H100CE.............  4-Way Ceiling Cassette Heat       30,000/34,000
                                                                  pump.
                                       AVXC4H110CE.............  4-Way Ceiling Cassette Heat       36,000/40,000
                                                                  pump.
                                       AVXC4H145CE.............  4-Way Ceiling Cassette Heat       48,000/54,000
                                                                  pump.
                                       AVXDSH020CE.............  Built-in Slim Duct (Low             6,000/7,000
                                                                  pressure).
                                       AVXDSH032CE.............  Built-in Slim Duct (Low            9,500/10,500
                                                                  pressure).
                                       AVXDSH040CE.............  Built-in Slim Duct (Low           12,000/13,500
                                                                  pressure).
                                       AVXDSH052CE.............  Built-in Slim Duct (Low           18,000/20,000
                                                                  pressure).
                                       AVXDSH072CE.............  Built-in Slim Duct (Low           24,000/27,000
                                                                  pressure).

[[Page 68757]]

 
                                       AVXDSH100CE.............  Built-in Slim Duct (Low           30,000/34,000
                                                                  pressure).
                                       AVXDSH110CE.............  Built-in Slim Duct (Low           36,000/40,000
                                                                  pressure).
                                       AVXDSH145CE.............  Built-in Slim Duct (Low           48,000/54,000
                                                                  pressure).
                                       AVXDUH100CE.............  Built-in Duct (Mid pressure)      30,000/34,000
                                       AVXDUH110CE.............  Built-in Duct (Mid pressure)      36,000/40,000
                                       AVXDUH145CE.............  Built-in Duct (Mid pressure)      48,000/54,000
                                       AVXWVH020CE.............  High Wall Mount Heat Pump...        6,000/7,000
                                       AVXWVH032CE.............  High Wall Mount Heat Pump...       9,500/10,500
                                       AVXWVH040CE.............  High Wall Mount Heat Pump...      12,000/13,500
                                       AVXWVH052CE.............  High Wall Mount Heat Pump...      18,000/20,000
                                       AVXWVH060CE.............  High Wall Mount Heat Pump...      20,000/23,000
                                       AVXWNH020CE.............  High Wall Mount Heat Pump...        6,000/7,000
                                       AVXWNH032CE.............  High Wall Mount Heat Pump...       9,500/10,500
                                       AVXWNH040CE.............  High Wall Mount Heat Pump...      12,000/13,500
                                       AVXWNH052CE.............  High Wall Mount Heat Pump...      18,000/20,000
                                       AVXWNH060CE.............  High Wall Mount Heat Pump...      20,000/23,000
                                       AVXCSH023CE.............  1-Way Ceiling Cassette Heat         7,500/8,500
                                                                  pump.
                                       AVXCSH032CE.............  1-Way Ceiling Cassette Heat        9,500/10,500
                                                                  pump.
                                       AVXCSH040CE.............  1-Way Ceiling Cassette Heat       12,000/13,500
                                                                  pump.
----------------------------------------------------------------------------------------------------------------

     (3) Samsung shall not be required to test the products listed in 
paragraph (2) of this section according to the test procedure for 
commercial package air conditioners and heat pumps prescribed by DOE at 
10 CFR 431.96 (ARI Standard 340/360-2004 (incorporated by reference in 
10 CFR 431.95(b)(2)-(3)), but instead shall use as the alternate test 
procedure ANSI/AHRI 1230-2010 as adopted in DOE's final rule dated May 
16, 2012 (77 FR 28928).
    (4) Representations. In making representations about the energy 
efficiency of its DVM multi-split equipment, for compliance, marketing, 
or other purposes, Samsung must fairly disclose the results of testing 
under the DOE test procedure in a manner consistent with the provisions 
outlined below:
    (i) For multi-split combinations tested in accordance with this 
alternate test procedure, Samsung may make representations based on 
those test results.
    (ii) For multi-split combinations that are not tested, Samsung may 
make representations based on the testing results for the tested 
combination and that are consistent with one of the following methods:
    (a) Rating of non-tested combinations according to an alternative 
rating method approved by DOE; or
    (b) Rating of non-tested combinations having the same outdoor unit 
and all non-ducted indoor units shall be set equal to the rating of the 
tested system having all non-ducted indoor units.
    (c) Rating of non-tested combinations having the same outdoor unit 
and all ducted indoor units shall be set equal to the rating of the 
tested system having all ducted indoor units. To be considered a ducted 
unit, the indoor unit must be intended to be connected with ductwork 
and have a rated external static pressure capability greater than zero 
(0).
    (d) Rating of non-tested combinations having the same outdoor unit 
and a mix of non-ducted and ducted indoor units shall be set equal to 
the average of the ratings for the two required tested combinations.
    (5) This waiver amendment shall remain in effect from the date this 
Decision and Order is issued, consistent with the provisions of 10 CFR 
431.401(g). Compliance with the ASHRAE final rule, (77 FR 28928, May 
16, 2012), is required beginning on May 13, 2013. Therefore, this D&O 
is valid through May 12, 2013. Beginning on May 13, 2013, all 
manufacturers must use the amended DOE test procedures to determine the 
energy use of this type of equipment.

    Issued in Washington, DC, on November 9, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2012-27919 Filed 11-15-12; 8:45 am]
BILLING CODE 6450-01-P
```