80920 Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Notices 

Type Model Description Cooling/Heating 

[Btu/h] 

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 pump .................................... 9,500/10,500 

AVXCMH040CE ................... 4-Way Ceiling Cassette Heat pump .................................... 12,000/13,500 

AVXCMH052CE ................... 4-Way Ceiling Cassette Heat pump .................................... 18,000/20,000 

AVXCMH060CE ................... 4-Way Ceiling Cassette Heat pump .................................... 20,000/23,000 

AVXC4H052CE .................... 4-Way Ceiling Cassette Heat pump .................................... 18,000/20,000 

AVXC4H072CE .................... 4-Way Ceiling Cassette Heat pump .................................... 24,000/27,000 

AVXC4H100CE .................... 4-Way Ceiling Cassette Heat pump .................................... 30,000/34,000 

AVXC4H110CE .................... 4-Way Ceiling Cassette Heat pump .................................... 36,000/40,000 

AVXC4H145CE .................... 4-Way Ceiling Cassette Heat pump .................................... 48,000/54,000 

AVXDSH020CE .................... Built-in Slim Duct (Low pressure) ........................................ 6,000/7,000 

AVXDSH032CE .................... Built-in Slim Duct (Low pressure) ........................................ 9,500/10,500 

AVXDSH040CE .................... Built-in Slim Duct (Low pressure) ........................................ 12,000/13,500 

AVXDSH052CE .................... Built-in Slim Duct (Low pressure) ........................................ 18,000/20,000 

AVXDSH072CE .................... Built-in Slim Duct (Low pressure) ........................................ 24,000/27,000 

AVXDSH100CE .................... Built-in Slim Duct (Low pressure) ........................................ 30,000/34,000 

AVXDSH110CE .................... Built-in Slim Duct (Low pressure) ........................................ 36,000/40,000 

AVXDSH145CE .................... Built-in Slim Duct (Low pressure) ........................................ 48,000/54,000 

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 pump .................................... 7,500/8,500 

AVXCSH032CE .................... 1-Way Ceiling Cassette Heat pump .................................... 9,500/10,500 

AVXCSH040CE .................... 1-Way Ceiling Cassette Heat pump .................................... 12,000/13,500 

Each outdoor unit may be combined with 

up to ten different indoor units and each 

indoor unit may be independently turned on, 

off, standby, etc. depending on user-desired 

settings. With up to 33 different indoor units 

for the consumer to choose from and 

combined, and as evident in the chart above, 

there are thousands of different 

combinations, creating an extremely 

burdensome task for Samsung or any testing 

laboratory to evaluate all possible 

combinations. Being responsible to test every 

conceivable combination would place an 

unfair burden upon Samsung, while offering 

no added value for purpose of energy testing. 

Samsung’s new DVM system is very 

similar to Samsung’s old DVM system, which 

DOE had granted a waiver for in 72 FR 

71387. Until a final test procedure addressing 

commercial central air conditioners and heat 

pumps, similar to Samsung’s DVM systems, 

is prescribed, Samsung believes that the 

interim waiver as granted by the Department 

in 70 FR 9629 and waiver as granted by the 

Department in 72 FR 71387, be granted for 

Samsung’s new DVM system in order for 

Samsung to feasibly evaluate its new line of 

DVM central air conditioners and heat 

pumps. 

Sincerely, 

Michael Moss 

[FR Doc. 2011–33172 Filed 12–23–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. DW–006] 

Decision and Order Granting a Waiver 

to Miele, Inc. From the U.S. Department 

of Energy Residential Dishwasher Test 

Procedure 

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. DW–006) 

that grants to Miele, Inc. (Miele) a 

waiver from the DOE dishwasher test 

procedure for certain basic models that 

run on a 208 volt electrical supply. 

Under today’s decision and order, Miele 

shall be required to test and rate these 

dishwashers using an alternate test 

procedure that takes this supply voltage 

into account when measuring energy 

and water consumption. 

DATES: This Decision and Order is 

effective December 27, 2011. 

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. Email: 

Michael.Raymond@ee.doe.gov. 

Ms. Elizabeth Kohl, U.S. Department of 

Energy, Office of the General Counsel, 

Mail Stop GC–71, Forrestal Building, 

1000 Independence Avenue SW., 

Washington, DC 20585–0103. 

Telephone: (202) 586–7796. Email: 

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 Miele a 

waiver from the applicable residential 

dishwasher test procedure in 10 CFR 

part 430, subpart B, appendix C for 

certain basic models of dishwashers 

with a 208 volt supply voltage, provided 

that Miele tests and rates such products 

using the alternate test procedure 

described in this notice. 


sroberts on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Notices 80921 

1For editorial reasons, upon codification in the 

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

Today’s decision prohibits Miele from 

making representations concerning the 

energy efficiency of these products 

unless the product has been tested 

consistent with the provisions of the 

alternate test procedure set forth in the 

decision and order below, and the 

representations fairly disclose the test 

results. Distributors, retailers, and 

private labelers are held to the same 

standard when making representations 

regarding the energy efficiency of these 

products. 42 U.S.C. 6293(c). 

Issued in Washington, DC on December 20, 

2011. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

Decision and Order 

In the Matter of: Miele, Inc. (Case No. 

DW–006). 

I. Background and Authority 

Title III, Part B of the Energy Policy 

and Conservation Act of 1975 (EPCA), 

Public Law 94–163 (42 U.S.C. 6291– 

6309, as codified) established the 

Energy Conservation Program for 

Consumer Products Other Than 

Automobiles, a program covering most 

major household appliances, which 

includes the residential dishwashers 

that are the focus of this notice.1 Part B 

includes definitions, test procedures, 

labeling provisions, energy conservation 

standards, and the authority to require 

information and reports from 

manufacturers. Further, Part B 

authorizes the Secretary of Energy to 

prescribe test procedures that are 

reasonably designed to produce results 

which measure energy efficiency, 

energy use, or estimated operating costs, 

and that are not unduly burdensome to 

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

procedure for residential dishwashers is 

contained in 10 CFR part 430, subpart 

B, appendix C. 

DOE’s regulations for covered 

products contain provisions allowing a 

person to seek a waiver for a particular 

basic model from the test procedure 

requirements for covered consumer 

products when 

(1) The petitioner’s basic model for 

which the petition for waiver was 

submitted contains one or more design 

characteristics that prevent testing 

according to the prescribed test 

procedure, or (2) when prescribed test 

procedures may evaluate the basic 

model in a manner so unrepresentative 

of its true energy consumption 

characteristics as to provide materially 

inaccurate comparative data. 10 CFR 

430.27(a)(1). Petitioners must include in 

their petition any alternate test 

procedures known to the petitioner to 

evaluate the basic model in a manner 

representative of its energy 

consumption characteristics. 10 CFR 

430.27(b)(1)(iii). 

The Assistant Secretary for Energy 

Efficiency and Renewable Energy (the 

Assistant Secretary) may grant a waiver 

subject to conditions, including 

adherence to alternate test procedures. 

10 CFR 430.27(l). Waivers remain in 

effect pursuant to the provisions of 10 

CFR 430.27(m). 

Any interested person who has 

submitted a petition for waiver may also 

file an application for interim waiver of 

the applicable test procedure 

requirements. 10 CFR 430.27(a)(2). The 

Assistant Secretary will grant an interim 

waiver request if it is determined that 

the applicant will experience economic 

hardship if the 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 430.27(g). 

II. Miele’s Petition for Waiver: 

Assertions and Determinations 

On July 19, 2011, Miele submitted the 

instant petition for waiver and 

application for interim waiver (petition) 

from the test procedure applicable to 

residential dishwashers set forth in 10 

CFR part 430, subpart B, appendix C. 

Miele requested a waiver to test the 

specified basic model of residential 

dishwasher that runs on an electrical 

supply voltage of 208 volts. The existing 

test procedure under Title 10 of the 

Code of Federal Regulations 430.23(c) 

provides for testing at 115 and 240 volts 

only. The electrical supply voltage of 

208 volts prevents testing these 

dishwashers according to the DOE test 

procedure. The only modification 

needed to the test procedure is to 

provide for testing with a 208 volt 

electrical supply. DOE received no 

comments on the Miele petition. 

III. Consultations With Other Agencies 

DOE consulted with the Federal Trade 

Commission (FTC) staff concerning the 

Miele petition for waiver. The FTC staff 

did not have any objections to granting 

a waiver to Miele. 

IV. Conclusion 

After careful consideration of the 

material that was submitted by Miele 

and consultation with the FTC staff, it 

is ordered that: 

(1) The petition for waiver submitted 

by Miele, Inc. (Case No. DW–006) is 

hereby granted as set forth in the 

paragraphs below. 

(2) Miele shall be required to test and 

rate its dishwasher model G7856–208V 

according to the existing DOE test 

procedure at 10 CFR 430, subpart B, 

appendix C, with the modification set 

forth below: 

Under appendix C, add the following 

section 2.2.3: 

2.2.3 Dishwashers that operate with 

an electrical supply of 208 volts. 

Maintain the electrical supply to the 

dishwasher at 208 volts ±2 percent and 

within 1 percent of its nameplate 

frequency as specified by the 

manufacturer. 

(3) Representations. Miele may make 

representations about the energy use of 

its dishwasher products for compliance, 

marketing, or other purposes only to the 

extent that such products have been 

tested in accordance with the provisions 

outlined above and such representations 

fairly disclose the results of such 

testing. 

(4) This waiver shall remain in effect 

consistent with the provisions of 10 CFR 

430.27(m). 

(5) This waiver is issued on the 

condition that the statements, 

representations, and documentary 

materials provided by the petitioner are 

valid. DOE may revoke or modify this 

waiver at any time if it determines the 

factual basis underlying the petition for 

waiver is incorrect, or the results from 

the alternate test procedure are 

unrepresentative of the basic models’ 

true energy consumption characteristics. 

(6) This waiver applies only to the 

basic model set out in Miele’s July 19, 

2011 petition for waiver. 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 December 

20, 2011. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2011–33171 Filed 12–23–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Combined Notice of Filings 

Take notice that the Commission has 

received the following Natural Gas 

Pipeline Rate and Refund Report filings: 


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