Federal Register / Vol. 72, No. 67 / Monday, April 9, 2007 / Notices 17533 

17 71 FR 14858 (March 24, 2006). 

(a) Representation of non-tested 

combinations according to an 

Alternative Rating Method (‘‘ARM’’) 

approved by DOE. 

(b) Representation of non-tested 

combinations at the same energy 

efficiency level as the tested 

combination with the same outdoor 

unit. 

(4) The waiver granted for MEUS’s 

R22 CITY MULTI VRFZ products on 

August 27, 2004 17 is hereby amended to 

prohibit MEUS from making energy 

efficiency representations regarding its 

R22 CITY MULTI products unless such 

representations are made consistent 

with the provisions set forth in 

Paragraph (3) above. 

(5) This waiver shall remain in effect 

from the date of issuance of this Order 

until DOE prescribes final test 

procedures appropriate to the model 

series manufactured by MEUS and 

listed above. 

(6) This waiver is conditioned upon 

the presumed validity of statements, 

representations, and documentary 

materials provided by the petitioner. 

This waiver may be revoked or modified 

at any time upon a determination that 

the factual basis underlying the petition 

is incorrect, or DOE determines that the 

results from the alternate test procedure 

are unrepresentative of the basic 

models’ true energy consumption 

characteristics. 

Issued in Washington, DC, on April 2, 

2007. 

Alexander A. Karsner, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

[FR Doc. E7–6608 Filed 4–6–07; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

Energy Conservation Program for 

Consumer Products: Publication of the 

Petition for Waiver and Granting of the 

Application for Interim Waiver of 

Mitsubishi Electric From the DOE 

Commercial Water Source Heat Pump 

Test Procedure [Case No. CAC–015] 

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: Today’s notice publishes a 

Petition for Waiver from Mitsubishi 

Electric and Electronics USA, Inc. 

(MEUS). This Petition for Waiver 

(hereafter ‘‘MEUS Petition’’) requests a 

waiver of the Department of Energy 

(‘‘DOE’’) test procedures applicable to 

commercial package water source heat 

pumps. DOE is soliciting comments, 

data, and information with respect to 

the MEUS Petition. Today’s notice also 

grants an Interim Waiver to MEUS, with 

an alternate test procedure, from the 

existing DOE test procedure applicable 

to commercial package water source 

heat pumps. 

DATES: DOE will accept comments, data, 

and information regarding this Petition 

for Waiver until, but no later than May 

9, 2007. 

ADDRESSES: Please submit comments, 

identified by case number [CAC–015], 

by any of the following methods: 

• Mail: Ms. Brenda Edwards-Jones, 

U.S. Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

Forrestal Building, 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-Jones, U.S. Department of 

Energy, Building Technologies Program, 

Room 1J–018, Forrestal Building, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121. 

• E-mail: 

Michael.raymond@ee.doe.gov. Include 

either the case number [CAC–015], and/ 

or ‘‘MEUS Petition’’ in the subject line 

of the message. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Instructions: All submissions received 

must include the agency name and case 

number for this proceeding. Submit 

electronic comments in WordPerfect, 

Microsoft Word, PDF, or text (ASCII) file 

format and avoid the use of special 

characters or any form of encryption. 

Wherever possible, include the 

electronic signature of the author. 

Absent an electronic signature, 

comments submitted electronically 

must be followed and authenticated by 

submitting the signed original paper 

document. DOE does not accept 

telefacsimiles (faxes). Any person 

submitting written comments must also 

send a copy of such comments to the 

petitioner. 10 CFR 431.401(d)(2). The 

name and address of the petitioner of 

today’s notice is: William Rau, Senior 

Vice President and General Manager, 

HVAC Advanced Products Division, 

Mitsubishi Electric & Electronics USA, 

Inc., 4300 Lawrenceville-Suwanee Road, 

Suwanee, GA 30024. 

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. 

Docket: For access to the docket to 

read the background documents 

relevant to this matter, go to the U.S. 

Department of Energy, Forrestal 

Building, Room 1J–018 (Resource Room 

of the Building Technologies Program), 

1000 Independence Avenue, SW., 

Washington, DC, (202) 586–2945, 

between 9 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays. 

Available documents include the 

following items: this notice; public 

comments received; the Petition for 

Waiver and Application for Interim 

Waiver; prior Department rulemakings 

regarding commercial central air 

conditioners and heat pumps; the prior 

MEUS Petition for Waiver, DOE’s notice 

of the prior MEUS Petition for Waiver 

and the DOE Decision and Order (D&O) 

regarding the prior MEUS Petition, 

which is being published today. Please 

call Ms. Brenda Edwards-Jones at the 

above telephone number for additional 

information regarding visiting the 

Resource Room. Please note: DOE’s 

Freedom of Information Reading Room 

(formerly Room 1E–190 at the Forrestal 

Building) is no longer housing 

rulemaking materials. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Michael G. Raymond, U.S. Department 

of Energy, Office of Energy Efficiency 

and Renewable Energy, Building 

Technologies Program, Mail Stop EE–2J, 

Forrestal Building, 1000 Independence 

Avenue, SW., Washington, DC 20585–

0121, (202) 586–9611; e-mail: 

Michael.Raymond.ee.doe.gov; or 

Francine Pinto, Esq., U.S. Department of 

Energy, Office of General Counsel, Mail 

Stop GC–72, Forrestal Building, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0103, (202) 586–

9507; e-mail: 

Francine.Pinto@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Authority 

II. Petition for Waiver 

III. Application for Interim Waiver 

IV. Alternate Test Procedure 

V. Summary and Request for Comments 

I. Background and Authority 

Title III of the Energy Policy and 

Conservation Act (EPCA) sets forth a 


sroberts on PROD1PC70 with NOTICES
17534 Federal Register / Vol. 72, No. 67 / Monday, April 9, 2007 / Notices 

1Energy Conservation Program for Consumer 

Products: Decision and Order Granting a Waiver 

From the DOE Commercial Package Air Conditioner 

and Heat Pump Test Procedure to Mitsubishi 

Electric (Case No. CAC–008), 69 FR 52660 (Aug. 27, 

2004). 

2Energy Conservation Program for Consumer 

Products: Publication of the Petition for Waiver and 

Granting of the Application for Interim Waiver of 

Mitsubishi Electric From the DOE Residential and 

Commercial Package Air Conditioner and Heat 

Pump Test Procedures (Case No. CAC–012), 71 FR 

14858 (Mar. 24, 2006). On August 8, 2006, DOE 

published a notice correcting five of the model 

numbers in the interim waiver granted to MEUS 

and listed in MEUS’s petition for waiver. Energy 

Conservation Program for Consumer Products: 

Notice of Correction of Petition for Waiver and 

Interim Waiver of Mitsubishi Electric From the DOE 

Residential and Commercial Package Air 

Conditioner and Heat Pump Test Procedures, and 

Modification of Interim Waiver, 71 FR 45047 (Aug. 

8, 2006). 

3Like the current line of air source CITY MULTI 

products, the water-source WR2 and WY model 

lines use R410A as the refrigerant. 

variety of provisions concerning energy 

efficiency. Part B of Title III (42 U.S.C. 

6291–6309) provides for the ’’Energy 

Conservation Program for Consumer 

Products other than Automobiles.’’ Part 

C of Title III (42 U.S.C. 6311–6317) 

provides for an energy efficiency 

program entitled ’’Certain Industrial 

Equipment,’’ which is similar to the 

program in Part B, and which includes 

commercial air conditioning equipment, 

packaged boilers, water heaters, and 

other types of commercial equipment. 

Today’s notice involves commercial 

equipment under Part C. Part C provides 

for definitions, test procedures, labeling 

provisions, energy conservation 

standards, and the authority to require 

information and reports from 

manufacturers. With respect to test 

procedures, it generally authorizes the 

Secretary of Energy to prescribe test 

procedures that are reasonably designed 

to produce results which reflect energy 

efficiency, energy use and estimated 

operating costs, and that are not unduly 

burdensome to conduct. (42 U.S.C. 

6314(a)(2)) 

MEUS’s petition requests a waiver 

from the commercial test procedures for 

water source models of its CITY MULTI 

Variable Refrigerant Flow Zoning 

(VRFZ) heat pump product line, which 

are sold for commercial use. 

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)) This section also 

provides for the Secretary of Energy to 

amend the test procedure for a product 

if the industry test procedure is 

amended, unless the Secretary 

determines that such a modified test 

procedure does not meet the statutory 

criteria. (42 U.S.C. 6314(a)(4)(B)) 

On October 21, 2004, DOE published 

a direct final rule adopting test 

procedures for commercial package air 

conditioning and heating equipment, 

effective December 20, 2004. 69 FR 

61962, October 21, 2004. DOE adopted 

ISO Standard 13256–1, ‘‘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 < 135,000 Btu/ 

hr. 69 FR 61971. The capacities of 

MEUS’s water source CITY MULTI 

VRFZ products sold for commercial use 

fall in the range from 65,000 to 135,000 

Btu/hr, which is the range covered by 

the DOE test procedure, and ISO 

Standard 13256–1. 

DOE’s regulations contain provisions 

allowing a person to seek a waiver from 

the test procedure requirements for 

covered commercial equipment. The 

waiver provisions for commercial 

equipment are found at 10 CFR 431.401, 

and are substantively identical to those 

for covered consumer products. 

The waiver provisions allow the 

Assistant Secretary for Energy Efficiency 

and Renewable Energy (hereafter 

‘‘Assistant Secretary’’) to temporarily 

waive test procedures for a particular 

basic model when a petitioner shows 

that the basic model contains one or 

more design characteristics that prevent 

testing according to the prescribed test 

procedures, or when the prescribed test 

procedures may evaluate the basic 

model in a manner so unrepresentative 

of its true energy consumption as to 

provide materially inaccurate 

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

The Assistant Secretary may grant the 

waiver subject to conditions, including 

adherence to alternate test procedures. 

10 CFR 431.401(e)(4) and (f)(4). 

Petitioners are to include in their 

petition any alternate test procedures 

known to evaluate the basic model in a 

manner representative of its energy 

consumption. 10 CFR 431.401(b)(1)(iii). 

Waivers generally remain in effect until 

final test procedure amendments 

become effective, thereby resolving the 

problem that is the subject of the 

waiver. 

The waiver process also allows the 

Assistant Secretary to grant an Interim 

Waiver from test procedure 

requirements to manufacturers that have 

petitioned DOE for a waiver of such 

prescribed test procedures. 10 CFR 

431.401(a)(2). An Interim Waiver 

remains in effect for a period of 180 

days or until DOE issues its 

determination on the Petition for 

Waiver, whichever is sooner, and may 

be extended for an additional 180 days, 

if necessary. 10 CFR 431.401(e)(4). 

II. Petition for Waiver 

On October 30, 2006, MEUS filed an 

Application for Interim Waiver and a 

Petition for Waiver from the test 

procedures applicable to commercial 

package water source heat pumps. In 

particular, MEUS requested a waiver 

from ISO Standard 13256–1, the 

commercial test procedure incorporated 

by reference that is the DOE test 

procedure. DOE has previously granted 

a waiver and an interim waiver from the 

applicable air conditioner and heat 

pump test procedures for other models 

of MEUS’s CITY MULTI products. On 

August 27, 2004, DOE granted a waiver 

from the commercial air conditioner and 

heat pump test procedures for MEUS’s 

R22 CITY MULTI products, i.e., airsource CITY MULTI products using R22 

as the refrigerant.1 In March 2006, DOE 

granted MEUS’s application for interim 

waiver and published MEUS’s petition 

for waiver for its R410A CITY MULTI 

models, i.e., air-source CITY MULTI 

products using R410A as the 

refrigerant.2

The products covered by this petition 

represent the models of the CITY 

MULTI product line that use water, as 

opposed to air, as a heat source and heat 

sink.3 MEUS claims that its water 

source models cannot be tested 

pursuant to the existing test procedure 

for the same reasons that its R22 models 

were previously granted a waiver by 

DOE. The only difference between the 

WR2 and WY products and the air 

source R22 and R410A products is the 

method of heat rejection. The WR2 and 

WY products have a heat source unit 

that uses water, instead of air, to reject 

heat. The indoor models, CITY MULTI 

Control Network, and system 

technology of the R22 and R410A 

products and the WR2 and WY models 

are identical. As a result, these products 

will face the same testing problems as 

MEUS’s R22 and R410A CITY MULTI 

products. 

MEUS’s line of CITY MULTI VRFZ 

system products are complete, 

commercial zoning systems that use 

variable refrigerant control and 

distribution, zoning diversity, and 

system intelligence. The WR2 and WY 

systems have the capability of 

connecting a single heat source unit to 

up to 19 indoor units. This capability 


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Federal Register / Vol. 72, No. 67 / Monday, April 9, 2007 / Notices 17535 

4MEUS offers 58 indoor models in its WR2/WY 

CITY MULTI product line. The number of potential 

combinations of the 58 models in sets of up to 19 

is an astronomical figure. 

gives these systems millions of potential 

system combinations.4

The operating characteristics of a 

VRFZ system allow each indoor unit to 

have a different mode of operation (i.e., 

on/off/heat/cool/dry/auto/fan) and a 

different set temperature. In the WR2 

and WY models, the variable speed 

compressor and the system controls 

direct refrigerant flow throughout the 

system to match the performance of the 

system to the load of the conditioned 

areas. The compressor is capable of 

reducing its operating capacity to as 

little as 16 percent of its rated capacity. 

Zone diversity enables these VRFZ 

systems to have a total connected indoor 

unit capacity of up to 150 percent of the 

capacity of the heat source unit. 

The CITY MULTI VRFZ systems have 

variable frequency inverter driven scroll 

compressors, and, therefore, have nearly 

infinite steps of capacity. While other 

system compressors run at full load as 

their normal state, the CITY MULTI 

VRFZ systems run at part-load[MR7] as 

their normal state. The WR2 Series CITY 

MULTI products also offer consumers 

the option of simultaneous heating and 

cooling. These simultaneous heating 

and cooling systems achieve energy 

benefits by transferring heat recovered 

from one zone into another zone 

needing heat. 

The MEUS petition requests that DOE 

grant a waiver from existing test 

procedures until such time as a 

representative test procedure is 

developed and adopted for this class of 

products. MEUS requested that DOE 

apply an alternate test procedure based 

on the DOE alternate test procedure 

specified in the Decision & Order 

concerning MEUS’ R410A CITY MULTI 

VRFZ products. 

III. Application for Interim Waiver 

MEUS also requested an Interim 

Waiver to allow it to introduce its new 

water source products in the U.S. 

market while DOE evaluates the Petition 

for Waiver. An Interim Waiver may be 

granted if it is determined that the 

applicant will experience economic 

hardship if the Application for Interim 

Waiver is denied, if it appears likely 

that the Petition for Waiver will be 

granted, and/or the Assistant Secretary 

determines that it would be desirable for 

public policy reasons to grant 

immediate relief pending a 

determination on the Petition for 

Waiver. 10 CFR 431.401(e)(3). 

MEUS’s Application for Interim 

Waiver does not provide sufficient 

information to evaluate what, if any, 

economic hardship MEUS will likely 

experience if its Application for Interim 

Waiver is denied. However, in those 

instances where the likely success of the 

Petition for Waiver has been 

demonstrated, based upon DOE having 

granted a waiver for a similar product 

design, it is in the public interest to 

have similar products tested and rated 

for energy consumption on a 

comparable basis. MEUS’s water source 

CITY MULTI VRFZ products are similar 

to the MEUS products previously 

granted a waiver, MEUS’s R22 CITY 

MULTI VRFZ products (the indoor units 

are the same in both lines). 69 FR 52660. 

The previous MEUS waiver was granted 

because MEUS’s R22 products cannot be 

tested according to the prescribed test 

procedures, for two reasons: (1) Test 

laboratories cannot test products with so 

many indoor units (the WR2 and WY 

CITY MULTI VRFZ systems can connect 

an outdoor unit with up to 19 indoor 

units); and (2) there are too many 

possible combinations of indoor and 

outdoor units (MEUS offers 58 indoor 

unit models, allowing for well over 

1,000,000 combinations for each 

outdoor unit), and it is impractical to 

test so many combinations. The same 

argument, with the same two reasons, 

applies equally to show that MEUS’

water source CITY MULTI VRFZ 

products cannot be tested according to 

the prescribed test procedures. These 

identical testing problems make it likely 

that MEUS’ Petition for Waiver will be 

granted. Therefore, MEUS’s Application 

for an Interim Waiver from DOE test 

procedure for its new WR2 and WY 

water source CITY MULTI VRFZ 

systems is granted. The letter to MEUS 

granting the Interim Waiver specifies 

that MEUS must use the alternate test 

procedure proposed in today’s Notice. 

Hence, it is ordered that: 

The Application for Interim Waiver 

filed by MEUS is hereby granted for 

MEUS’s new WR2 and WY water source 

CITY MULTI VRFZ central air 

conditioning heat pumps. For the below 

listed models: 

(1) MEUS shall not be required to test 

or rate its water source CITY MULTI 

VRFZ products on the basis of the 

currently applicable test procedure, 

which incorporates by reference ISO 

13256–1 (1998). 

(2) MEUS shall be required to test and 

rate its water source CITY MULTI VFRZ 

products according to the alternate test 

procedure as set forth in section IV (3), 

‘‘Alternate test procedure.’’

CITY MULTI Variable Refrigerant 

Flow Zoning System WR2-Series Heat 

Source Units: 

• PQRY–P72TGMU–*, 72,000 Btu/h 

208/230–3–60 split-system variablespeed heat pump 

• PQRY–P96TGMU–*, 96,000 Btu/h 

208/230–3–60 split-system variablespeed heat pump 

CITY MULTI Variable Refrigerant 

Flow Zoning System WY-Series Heat 

Source Units: 

• PQHY–P72TGMU–*, 72,000 Btu/h 

208/230–3–60 split-system variablespeed heat pump 

• PQHY–P96TGMU–*, 96,000 Btu/h 

208/230–3–60 split-system variablespeed heat pump 

CITY MULTI Variable Refrigerant 

Flow Zoning System Indoor Equipment: 

• P*FY models, ranging from 6,000 to 

96,000 Btu/h, 208/230–1–60 splitsystem variable-capacity heat 

pump. 

• PCFY Series—Ceiling Suspended—

PCFY–P12/18/24/30/36***–* 

• PDFY Series—Ceiling Concealed 

Ducted—PDFY–P06/08/12/15/18/ 

24/30/36/48***–* 

• PEFY Series—Ceiling Concealed 

Ducted (Low Profile)—PEFY–P06/ 

08/12***–* 

• PEFY Series—Ceiling Concealed 

Ducted (Alternate High Static 

Option)—PEFY–P15/18/24/27/30/ 

36/48/54/72/96***–* 

• PEFY–F Series—Ceiling Concealed 

Ducted (100% Outside Air 

Ventilation Option)—PEFY–P 30/ 

54/72/96***–*–* 

• PFFY Series—Floor Standing 

(Concealed)—PFFY–P06/08/12/15/ 

18/24***–* 

• PFFY Series—Floor Standing 

(Exposed)—PFFY–P06/08/12/15/ 

18/24***–* 

• PKFY Series—Wall-Mounted—

PKFY–P06/08/12/18/24/30***–* 

• PLFY Series—4-Way Airflow 

Ceiling Cassette—PLFY–P12/18/24/ 

30/36***–* 

• PMFY Series—1-Way Airflow 

Ceiling Cassette—PMFY–P06/08/ 

12/15***–* 

This Interim Waiver is conditioned 

upon the presumed validity of 

statements, representations, and 

documentary materials provided by the 

petitioner. This Interim Waiver may be 

revoked or modified at any time upon 

a determination that the factual basis 

underlying the petition is incorrect, or 

DOE determines that the results from 

the alternate test procedure are 

unrepresentative of the basic models’

true energy consumption characteristics. 

This Interim Waiver shall remain in 

effect for a period of 180 days or until 

DOE acts on the Petition for Waiver, 

whichever is sooner, and may be 

extended for an additional 180-day 


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period, if necessary. 10 CFR 

431.401(e)(4). 

IV. Alternate Test Procedure 

Consistent representations are 

important for manufacturers to make 

claims about the energy efficiency of 

their products. In response to MEUS’s 

petition for waiver for the R410A 

products, today, DOE is also publishing 

an alternate test procedure to provide a 

basis upon which MEUS can test its 

equipment and make valid energy 

efficiency representations. DOE[MR9]

will consider applying a similar 

alternate test procedure for MEUS’s 

WR2 and WY products in order to allow 

MEUS to test and make energy 

efficiency representations regarding 

these comparable products. 

As noted above, existing testing 

facilities have a limited ability to test 

multiple indoor units at one time, and 

the number of possible combination of 

indoor and outdoor units for some 

variable refrigerant zoning systems is 

impractical to test. Subsequent to the 

waiver that DOE granted for MEUS’s 

R22 models, ARI developed a committee 

to discuss the issue and work on 

developing an appropriate test protocol 

for variable refrigerant zoning systems. 

However, to date, no additional test 

methodologies have been adopted by 

the committee or put forth to DOE. 

DOE believes that an alternate test 

procedure is needed so that 

manufacturers can make representations 

for their products. DOE specified an 

alternate test procedure in the MEUS 

waiver for R410A CITY MULTI 

products, and is proposing to include 

the following similar waiver language in 

the final Decision and Order for the 

water source models: 

‘‘(1) The Petition for Waiver’’ filed by 

Mitsubishi Electric and Electronics 

USA, Inc. (MEUS) is hereby granted as 

set forth in the paragraphs below. 

(2) MEUS shall not be required to test 

or rate the water source WR2 and WY 

CITY MULTI Variable Refrigerant Flow 

Zoning System (VFRZ) products 

covered in this waiver on the basis of 

the currently applicable test procedure, 

but shall be required to test and rate its 

water source CITY MULTI VFRZ 

products covered in this waiver 

according to the alternate test procedure 

as set forth in paragraph (3). 

(3) Alternate test procedure. 

(A) MEUS shall be required to test its 

water source WR2 and WY CITY MULTI 

Variable Refrigerant Flow Zoning 

System (VFRZ) products according to 

those test procedures for central air 

conditioners and heat pumps prescribed 

by DOE at 10 CFR Part 431, except that: 

(i) MEUS shall test a ‘‘tested 

combination’’ selected in accordance 

with the provisions of subparagraph (B) 

of this paragraph. For every other 

system combination using the same 

outdoor unit as[MR11] the tested 

combination, MEUS shall make 

representations concerning the WR2 and 

WY CITY MULTI products covered in 

this waiver according to the provisions 

of subparagraph (C) below. 

(B) Tested combination. The term 

‘‘tested combination’’ means a sample 

basic model comprised of units that are 

production units, or are representative 

of production units, of the basic model 

being tested. For the purposes of this 

waiver, the tested combination shall 

have the following features: 

(i) The basic model of a variable 

refrigerant flow system used as a tested 

combination shall consist of an outdoor 

unit that is matched with between 2 and 

5 indoor units. 

(ii) The indoor units shall—

(a) Represent the highest sales volume 

type models; 

(b) Together, have a capacity between 

95% and 105% of the capacity of the 

outdoor unit; 

(c) Not, individually, have a capacity 

greater than 50% of the capacity of the 

outdoor unit; 

(d) Have a fan speed that is consistent 

with the manufacturer’s specifications; 

and 

(e) All have the same external static 

pressure. 

(C) Representations. MEUS may make 

representations about the energy 

efficiency of CITY MULTI VRFZ 

products[MR15], for compliance, 

marketing, or other purposes, only to 

the extent that such representations are 

made consistent with the provisions 

outlined below: 

(i) For CITY MULTI VRFZ 

combinations tested in accordance with 

the alternate test procedure, MEUS may 

make representations based on these test 

results. 

(ii) For CITY MULTI VRFZ 

combinations that are not tested, MEUS 

may make representations which are 

based on the testing results for the 

tested combination and which are 

consistent with either of the two 

following methods, except that only 

method (a) may be used, if available: 

(a) Representation of non-tested 

combinations according to an 

Alternative Rating Method (‘‘ARM’’) 

approved by DOE. 

(b) Representation of non-tested 

combinations at the same energy 

efficiency level as the tested 

combination with the same outdoor 

unit. 

V. Summary and Request for Comments 

Today’s notice announces a MEUS 

Petition for Waiver and grants MEUS an 

Interim Waiver from the test procedures 

applicable to MEUS’s WR2 and WY 

water source CITY MULTI heat pump 

units. DOE is publishing the MEUS 

Petition for Waiver in its entirety. The 

petition contains no confidential 

information. Furthermore, today’s 

notice includes an alternate test 

procedure that DOE is considering 

including in the final Decision and 

Order. In this alternate test procedure, 

DOE proposes defining a ‘‘tested 

combination’’ which MEUS could test 

in lieu of testing all retail combinations 

of its water source VRFZ CITY MULTI 

products. Furthermore, should a 

manufacturer not be able to test all retail 

combinations, DOE proposes allowing 

manufacturers to rate waived products 

according to an alternate rating method 

approved by DOE, or to rate waived 

products the same as that for the 

specified tested combination. 

DOE will also consider applying a 

similar alternate test procedure to other 

comparable petitions for waiver for 

residential and commercial central air 

conditioners and heat pumps. Such 

cases include Samsung’s petition for its 

DVM products (70 FR 9629, February 

28, 2005), and Fujitsu’s petition for its 

Airstage variable refrigerant flow (VRF) 

products (70 FR 5980, February 4, 

2005). 

DOE is interested in receiving 

comments on all aspects of this notice. 

Any person submitting written 

comments must also send a copy of 

such comments to the petitioner, whose 

contact information is cited above. 10 

CFR 431.401(d)(2). 

Issued in Washington, DC, on April 2, 

2007. 

Alexander A. Karsner, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

October 30, 2006. 

The Honorable Alexander Karsner, 

Assistant Secretary for Energy Efficiency and 

Renewable Energy, U.S. Department of 

Energy, 1000 Independence Ave, SW., 

Washington, DC 20585–0121. 

Re: Petition for Waiver of Test Procedures 

and Application for Interim Waiver for 

CITY MULTI VRFZ Water-Source Heat 

Pumps 

Dear Assistant Secretary Karsner: 

Mitsubishi Electric & Electronics USA, Inc. 

(MEUS) respectfully submits this petition for 

waiver, and application for interim waiver, of 

the test procedures applicable to the WR2 

and WY Series models of MEUS’s CITY 

MULTI Variable Refrigerant Flow Zoning 

(VRFZ) product line pursuant to the 

provisions of 10 CFR 431.401 (2006). The 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 72, No. 67 / Monday, April 9, 2007 / Notices 17537 

5Energy Conservation Program for Consumer 

Products: Decision and Order Granting a Waiver 

From the DOE Commercial Package Air Conditioner 

and Heat Pump Test Procedure to Mitsubishi 

Electric (Case No. CAC–008), 69 FR 52660 (Aug. 27, 

2004) (copy attached) (hereinafter, 2004 CITY 

MULTI Waiver). 

6Energy Conservation Program for Consumer 

Products: Publication of the Petition for Waiver and 

Granting of the Application for Interim Waiver of 

Mitsubishi Electric From the DOE Residential and 

Commercial Package Air Conditioner and Heat 

Pump Test Procedures (Case No. CAC–012), 71 FR 

14858 (Mar. 24, 2006) (hereinafter, R410A Interim 

Waiver). On August 8, 2006, DOE published a 

notice correcting five of the model numbers in the 

interim waiver granted to MEUS and listed in 

MEUS’s petition for waiver. Energy Conservation 

Program for Consumer Products: Notice of 

Correction of Petition for Waiver and Interim 

Waiver of Mitsubishi Electric From the DOE 

Residential and Commercial Package Air 

Conditioner and Heat Pump Test Procedures, and 

Modification of Interim Waiver, 71 FR 45047 (Aug. 

8, 2006). As of the date of this letter, MEUS’s 

petition for waiver for its R410A CITY MULTI 

models is still pending before DOE. 

7Like the current line of air source CITY MULTI 

products, the water-source WR2 and WY model 

lines also use R410A as the refrigerant. 

8 2004 CITY MULTI Waiver at 52662. See also 10 

CFR 431.201(a)(1) (2005). 

9R410A Interim Waiver at 14860. 

10 2004 CITY MULTI Waiver at 52662. 

11R410A Interim Waiver at 14861. The R410A 

CITY MULTI products are substitutes for the R22 

CITY MULTI products that use the R410A 

refrigerant instead of the R22 refrigerant. 

12MEUS offers 58 indoor models in its WR2/WY 

CITY MULTI product line. The number of potential 

combinations of the 58 models in sets of up to 19 

is an astronomical figure. 

13 10 CFR 431.96 (see Tables 1 and 2). 

14 10 CFR 431.96, Table 1. 

WR2 and WY models are water-source 

products. 

The Department of Energy (DOE or 

Department) has previously granted a waiver 

and an interim waiver from the applicable air 

conditioner and heat pump test procedures 

for other models of MEUS’s CITY MULTI 

products. On August 27, 2004, DOE granted 

a waiver from the commercial air conditioner 

and heat pump test procedures for MEUS’s 

R22 CITY MULTI products, i.e., air-source 

CITY MULTI products using R22 as the 

refrigerant.5 In March 2006, the Department 

granted MEUS’s application for interim 

waiver and published MEUS’s petition for 

waiver for its R410A CITY MULTI models, 

i.e., air-source CITY MULTI products using 

R410A as the refrigerant.6

The products covered by this petition 

represent the models of the CITY MULTI 

product line that use water, as opposed to air, 

as a heat source and heat sink.7 Like the 

CITY MULTI products covered by the earlier 

waiver, the products covered by this petition 

cannot be tested according to the prescribed 

test procedures, and, therefore, should be 

granted a waiver from the applicable test 

procedures. MEUS simultaneously requests 

an interim waiver covering these WR2 and 

WY CITY MULTI products. 

I. Background 

In the 2004 CITY MULTI Waiver, DOE 

found that the waiver should be granted 

because the CITY MULTI products have ‘‘one 

or more design characteristics which * * * 

prevent testing of the basic model according 

to the prescribed test procedures.’’ 8 MEUS’s 

R22 products cannot be tested according to 

the prescribed test procedures for two 

reasons: (1) the test laboratories cannot test 

products with so many indoor units; and (2) 

there are too many possible combinations of 

indoor and outdoor units (well over 

1,000,000 combinations for each outdoor 

unit), and it is impractical to test so many 

combinations.9 Pursuant to the 2004 CITY 

MULTI Waiver, MEUS is not required to test 

or rate its CITY MULTI Variable Refrigerant 

Flow Zoning system products listed on the 

basis of the currently applicable test 

procedures.10 In granting MEUS’s request for 

an interim waiver for the R410A CITY 

MULTI products, DOE concluded that the 

R410A ‘‘systems will likely suffer the same 

testing problems that prompted the 

Department to grant MEUS the waiver for its 

R22 products.’’ 11

MEUS’s WR2 and WY products represent 

the models of the CITY MULTI product line 

that are water-source heat pumps. The only 

difference between the WR2 and WY 

products, on the one hand, and the R410A 

products is the method of heat rejection. The 

WR2 and WY products have a heat source 

unit that uses water, instead of air, to reject 

heat. The indoor models, CITY MULTI 

Control Network, and system technology of 

the R410A products and the WR2 and WY 

models are identical. As a result, these 

products will face the same testing problems 

as those suffered by MEUS’s R22 and R410A 

CITY MULTI products. 

II. WR2/WY Model Design Characteristics 

MEUS’s line of CITY MULTI VRFZ system 

products combines advanced technologies 

and are complete, commercial zoning 

systems that save energy through the 

effective use of variable refrigerant control 

and distribution, zoning diversity, and 

system intelligence. The WR2 and WY 

systems have the capability of connecting a 

single heat source unit to up to 19 indoor 

units. This capability gives these systems 

tremendous installation flexibility with 

millions of potential system combinations.12

The operating characteristics of a VRFZ 

system allow each indoor unit to have a 

different mode of operation (i.e., on/off/heat/ 

cool/dry/auto/fan) and a different set 

temperature allowing great flexibility of 

operation. In the WR2 and WY models, the 

variable speed compressor and the system 

controls direct refrigerant flow throughout 

the system to precisely match the 

performance of the system to the load of the 

conditioned areas. The compressor is capable 

of reducing its operating capacity to as little 

as 16% of its rated capacity. Zone diversity 

enables these VRFZ systems to have a total 

connected indoor unit capacity of up to 

150% of the capacity of the heat source unit. 

The CITY MULTI VRFZ systems have 

variable frequency inverter driven scroll 

compressors, and, therefore, have nearly 

infinite steps of capacity. While other system 

compressors run at full load as their normal 

state, the CITY MULTI VRFZ systems run at 

part load as their normal state. The WR2 

Series CITY MULTI products also offer 

consumers the option of simultaneous 

heating and cooling. These simultaneous 

heating and cooling systems achieve energy 

benefits by transferring heat recovered from 

one zone into another zone needing heat. 

Additionally, when the system switches 

between the heating and cooling modes, the 

direction of the cooling water flow remains 

the same; therefore, the compressor does not 

need to be shut down when switching 

modes. 

MEUS’s CITY MULTI VRFZ systems were 

designed to take into account the customers’

specific needs for flexibility, variable 

conditioning, and operating energy savings. 

Since these products were first introduced in 

U.S. markets, the CITY MULTI systems have 

become an important part of MEUS sales. 

These systems have been well received in 

Asia, Europe, Latin America, and the United 

States because of their highly effective energy 

saving features. Through the use of highly 

advanced technology, the WR2 and WY CITY 

MULTI VRFZ systems offer cost-effective 

functionality and significant energy savings. 

The unique design and intelligence provided 

by the sophisticated direct digital control 

system allow the systems to use less energy 

than conventional systems to condition a 

given area, thus costing the customer less to 

operate. 

Although these energy saving 

characteristics are not credited under current 

rules, they are precisely the types of 

technological innovations and applications 

that advance the Congressional intent of 

promoting energy savings. These CITY 

MULTI VRFZ systems represent a 

revolutionary advance in HVAC technology, 

well positioned to provide new and existing 

commercial buildings with effective use of 

energy and an operationally cost-effective 

source of heating and cooling. Additionally, 

with some of the innovative capabilities of 

the CITY MULTI Controls Network, the 

potential for energy management and energy 

savings are even greater. The CITY MULTI 

products’ unique design characteristics are 

clearly consistent with U.S. government’s 

efforts to encourage the availability of high 

performance products that consume less 

energy. 

III. Test Procedures From Which Waiver Is 

Requested 

MEUS’s petition requests waiver from the 

applicable test procedures for its WR2 and 

WY CITY MULTI products. DOE’s 

regulations provide the test procedures for 

small and large commercial package air 

conditioning and heating equipment.13

Pursuant to 10 CFR 431.96, the test 

procedures applicable to small commercial 

packaged air conditioning and heating watersource heat pumps, with capacities between 

65,000 and 135,000 Btu/h, are those included 

in ISO Standard 13256–1 (1998).14 The 

capacities of MEUS’s WR2 and WY CITY 

MULTI water-source products covered by 

this petition fall in that range. Therefore, 

MEUS requests waiver from ISO Standard 


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17538 Federal Register / Vol. 72, No. 67 / Monday, April 9, 2007 / Notices 

15While DOE’s regulations do not provide 

specific definitions for water-source heat pumps 

and water-cooled air conditioners, pursuant to the 

definitions provided in ARI Standard 340/360—

2000, Standard for Commercial and Industrial 

Unitary Air-Conditioning and Heat Pump 

Equipment, and in ISO Standard 13256–1 (1998), 

Water-source heat pumps—testing and rating for 

performance—Part I: Water-to-air and brine-to-air 

heat pumps, MEUS believes that ISO Standard 

13256–1 (1998) contains the test procedures 

applicable to its WR2 and WY CITY MULTI watersource heat pump products. Note, however, that the 

rationale for granting the requested test procedure 

waiver is identical regardless of whether the 

applicable test procedure is ISO Standard 13256–

1 or ARI Standard 340/360. 

16The * denotes engineering differences in the 

models. 

17 10 CFR 431.401(a)(1). 

18 2004 CITY MULTI Waiver at 52662. 

19R410A Interim Waiver at 14861. 

20 ID. at 52661–61. 

21R410A Interim Waiver at 14860. 

22R410A Interim Waiver at 14861. 

23Even for systems with 4 or fewer indoor units, 

which can technically be tested in the laboratories, 

there are far too many possible combinations to 

make testing practicable because there are 58 

different indoor models that can be used in 

combination. For instance, selecting four indoor 

units from among 40 indoor model choices 

produces over one hundred thousand possible 

combinations. 

24 10 CFR 431.201(a)(1) (2005). 

13256–1 (1998), as incorporated by reference 

in DOE’s regulations.15

IV. Basic Models for Which Waiver Is 

Requested 

MEUS requests a waiver from the test 

procedures for the basic models consisting of 

combinations of the following products: 16

CITY MULTI Variable Refrigerant Flow 

Zoning System WR2-Series Heat Source 

Units: 

• PQRY–P72TGMU–*, 72,000 Btu/h 208/ 

230–3–60 split-system variable-speed 

heat pump 

• PQRY–P96TGMU–*, 96,000 Btu/h 208/ 

230–3–60 split-system variable-speed 

heat pump 

CITY MULTI Variable Refrigerant Flow 

Zoning System WY-Series Heat Source Units: 

• PQHY–P72TGMU–*, 72,000 Btu/h 208/ 

230–3–60 split-system variable-speed 

heat pump 

• PQHY–P96TGMU–*, 96,000 Btu/h 208/ 

230–3–60 split-system variable-speed 

heat pump 

CITY MULTI Variable Refrigerant Flow 

Zoning System Indoor Equipment: 

• P*FY models, ranging from 6,000 to 96,000 

Btu/h, 208/230–1–60 split-system 

variable-capacity heat pump. 

• PCFY Series—Ceiling Suspended—

PCFY–P12/18/24/30/36***–* 

• PDFY Series—Ceiling Concealed 

Ducted—PDFY–P06/08/12/15/18/24/30/ 

36/48***–* 

• PEFY Series—Ceiling Concealed Ducted 

(Low Profile)—PEFY–P06/08/12***–* 

• PEFY Series—Ceiling Concealed Ducted 

(Alternate High Static Option)—PEFY–

P15/18/24/27/30/36/48/54/72/96***–* 

• PEFY–F Series—Ceiling Concealed 

Ducted (100% Outside Air Ventilation 

Option)—PEFY–P 30/54/72/96***–*–* 

• PFFY Series—Floor Standing 

(Concealed)—PFFY–P06/08/12/15/18/ 

24***–* 

• PFFY Series—Floor Standing 

(Exposed)—PFFY–P06/08/12/15/18/ 

24***–* 

• PKFY Series—Wall-Mounted—PKFY–

P06/08/12/18/24/30***–* 

• PLFY Series—4-Way Airflow Ceiling 

Cassette—PLFY–P12/18/24/30/36***–* 

• PMFY Series—1-Way Airflow Ceiling 

Cassette—PMFY–P06/08/12/15***–* 

V. Need for Waiver of Test Procedures 

The Department’s regulations contain 

provisions allowing a person to seek a waiver 

from the test procedure requirements for 

commercial equipment. These provisions are 

set forth in 10 CFR 431.401. The waiver 

provisions allow DOE to temporarily waive 

test procedures for a particular basic model 

when a petitioner shows that the basic model 

contains one or more design characteristics 

that prevent testing according to the 

prescribed test procedures, or when the 

prescribed test procedures may evaluate the 

basic model in a manner so unrepresentative 

of its true energy consumption as to provide 

materially inaccurate comparative data.17

In the 2004 CITY MULTI Waiver, DOE 

found that MEUS’s CITY MULTI products 

contained ‘‘one or more design 

characteristics which * * * prevent testing 

of the basic model according to the 

prescribed test procedures.’’18 DOE granted 

MEUS’s request for an interim waiver for the 

R410A CITY MULTI products because the 

R410A systems ‘‘will likely suffer the same 

testing problems’’ as the R22 products.19 The 

WR2 and WY models of CITY MULTI 

products have the same operational 

characteristics as the R22 CITY MULTI 

products, which have already been granted a 

waiver, and the R410A CITY MULTI 

products, which have been granted an 

interim waiver, except that the WR2 and WY 

models are water-source heat pumps. 

Therefore, the same design characteristics 

that prevent testing of the basic R22 and 

R410A CITY MULTI models also prevent 

testing of the WR2 and WY CITY MULTI 

models. Thus, similar to the R22 and R410A 

models, the WR2 and WY systems can 

connect more indoor units than the test 

laboratories can physically test at one time. 

Additionally, it is not practical to test all of 

the potentially available combinations, of 

which there are more than one million. 

Therefore, the same design characteristics 

that prevent testing of the basic R22 and 

R410A CITY MULTI models also prevent 

testing of the WR2 and WY CITY MULTI 

models. 

Specifically, in the 2004 CITY MULTI 

Waiver, DOE found that: 

The current test procedures can be used to 

test all current commercial systems in the 

laboratory, but many VFRZ systems cannot 

be tested in the laboratory. Each VFRZ 

outdoor unit can be connected with up to 

sixteen separate indoor units in a zoned 

system. Existing test laboratories cannot test 

more than five indoor units at a time, and 

even that number is difficult. 

A second difficulty is that MEUS offers 58 

indoor unit models. Each of these indoor unit 

models is designed to be used with up to 15 

other indoor units, which need not be the 

same models, in combination with a single 

outdoor unit. For each of the CITY MULTI 

VRFZ outdoor coils, there are well over 

1,000,000 combinations of indoor coils that 

can be matched up in a system configuration, 

and it is highly impractical to test so many 

combinations. 

There are therefore two major testing 

problems: (1) Test laboratories cannot test 

products with so many indoor units; and (2) 

there are too many possible combinations of 

indoor and outdoor units—only a small 

fraction of the combinations could be tested. 

These problems * * * support the * * *

waiver criterion, that ‘‘the basic model 

contains one or more design characteristics 

which * * * prevent testing of the basic 

model according to the prescribed test 

procedures. * * *’’20

In granting an interim waiver for MEUS’s 

R410A models, DOE stated that the R410A 

products ‘‘are quite similar to * * * MEUS’s 

R22 CITY MULTI VRFZ products,’’21 and 

that the R410A systems ‘‘will likely suffer the 

same testing problems that prompted the 

Department to grant MEUS the waiver for its 

R22 products.’’22

For the same reasons, the WR2 and WY 

models cannot be tested pursuant to the 

existing test procedures. Similar to the R22 

and R410A models, the WR2 and WY 

systems can connect more indoor units than 

the test laboratories can physically test at one 

time. Each of the WR2 and WY indoor units 

is designed to be used with up to 18 other 

indoor units with each heat source unit. 

These connected indoor units need not be the 

same models—there are 58 different indoor 

models that can be combined in a multitude 

of different combinations to address 

customer needs. The testing laboratories will 

not physically be able to test many of the 

WR2 and WY system combinations because 

of the inability to test products with so many 

indoor units. 

In addition, it is not practical to test all of 

the potentially available combinations. With 

the capability of potentially connecting a 

single heat source unit to up to 19 indoor 

units, the WR2 and WY units are designed 

to be combined in literally millions of 

different system configurations.23 The test 

procedures provide no mechanism for 

sampling component combinations. Thus, 

the test procedures do not contemplate, and 

cannot practicably be applied to, the CITY 

MULTI VRFZ systems consisting of multiple 

assemblies that are intended to be used in a 

very large number of different combinations. 

As shown above, the WR2 and WY 

products cannot be tested according to the 

prescribed test procedures. MEUS also 

believes that the requested waiver is 

supported on the grounds that the 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.’’24 In particular, the benefits of variable 

refrigerant control and distribution, zoning 


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Federal Register / Vol. 72, No. 67 / Monday, April 9, 2007 / Notices 17539 

25Pursuant to EPCA, MEUS will not make 

representations regarding the energy efficiency of 

the products covered by a waiver except as may be 

specifically authorized by DOE. 

26R410A Interim Waiver at 14861–3. 

27See 42 U.S.C. 6314(d); 42 U.S.C. 6293(c). 

28R410A Interim Waiver at 14861. 29R410A Interim Waiver at 14861–3. 30 10 CFR 431.401(a)(2). 

diversity, part load operation and 

simultaneous heating and cooling, as 

described in Section II above, are not 

credited under the current test procedures. 

In any case, it should be noted that these 

CITY MULTI products employ advanced 

technologies and their marketing will 

advance the Energy Policy and Conservation 

Act’s (EPCA) goal of promoting energy 

efficiency. Testing procedures should not 

inhibit the commercial success of these 

products in the United States. Without a 

waiver of the test procedures, MEUS will be 

at a competitive disadvantage in the market. 

Consumers have come to expect the 

availability of the CITY MULTI products in 

the U.S. marketplace, and a significant 

number of engineers and contractors are 

currently requesting these new WR2 and WY 

units for their projects because of the great 

advantages they offer. Thus, MEUS 

respectfully requests that DOE grant a waiver 

from the applicable test procedures to the 

products listed in Section IV.25 MEUS plans 

to introduce these units into the U.S. market 

early in the first quarter of 2007, and, 

therefore, requests that DOE act on this 

request in a timely fashion. 

VI. Alternative Test Procedures 

Currently, there are no test procedures 

known to MEUS that can accurately evaluate 

these products. However, in response to 

MEUS’s petition for waiver for the R410A 

products, DOE proposed an alternate test 

procedure to provide a conservative basis 

from which manufacturers covered by a test 

procedure waiver for VRFZ products can test 

and make valid energy efficiency 

representations, for compliance, marketing, 

or other purposes, regarding these 

products.26 MEUS requests that DOE apply a 

similar alternate test procedure for MEUS’s 

WR2 and WY products in order to allow 

MEUS to test and make energy efficiency 

representations regarding these products. 

Manufacturers face restrictions with 

respect to making representations about the 

energy consumption and energy 

consumption costs of products covered by 

EPCA.27 As DOE acknowledged in the R410A 

Interim Waiver, ‘‘consistent representations 

are important for manufacturers to make 

claims about the energy efficiency of their 

products.’’28 Manufacturers need the ability 

to make energy efficiency representations to 

determine compliance with state and local 

energy codes and regulatory requirements, 

and to provide consumers with valuable 

purchasing information. Therefore, MEUS 

respectfully requests that DOE apply the 

alternate test procedure described below. 

The proposed alternate test procedure will 

permit MEUS to designate a ‘‘tested 

combination’’ for each model of heat source 

unit with parameters on the indoor units that 

can be used in the tested combination. This 

tested combination must be tested according 

to the applicable DOE test procedures. 

Additionally, the alternate test procedure 

will permit MEUS to represent the energy 

efficiency for a non-tested combination in 

three ways. MEUS may represent the energy 

efficiency of a non-tested combination: (1) at 

an energy efficiency level determined under 

a DOE-approved alternate rating method; (2) 

at the efficiency level of the tested 

combination utilizing the same heat source 

unit; or (3) at the DOE prescribed minimum 

efficiency level for the product class, 

assuming the tested combination meets or 

exceeds this minimum level. 

Allowing MEUS to make energy efficiency 

representations for non-tested combinations 

that are consistent with any of the three 

methods described above is reasonable 

because the heat source unit is the principal 

efficiency driver. The alternate test procedure 

tends to rate these products very 

conservatively because it does not credit 

significant energy saving characteristics of 

these products. The multi-zoning feature of 

these products, which enables them to cool 

only those portions of the building that 

require cooling, uses less energy than if the 

whole building must be cooled when cooling 

is required. Additionally, the test procedure 

requires full load testing, which 

disadvantages these products because they 

are optimized for best efficiency when 

operating with less than full loads. In fact, 

these products normally operate at part-load 

conditions. Finally, the test procedure does 

not recognize the benefits of products 

capable of simultaneous heating and cooling, 

which is more efficient than requiring all 

zones to be either heated or cooled. 

Therefore, since the proposed alternate test 

procedure does not credit the savings from 

zoning, part-load operation, or simultaneous 

heating and cooling, it will provide a 

conservative basis for assessing the energy 

efficiency for such products. 

MEUS requests that DOE apply the 

following proposed alternate test procedure, 

which is based on the one proposed in April 

2006,29 to MEUS’s CITY MULTI WR2 and 

WY products: 

Alternate Test Procedure 

(A) MEUS shall be required to test the 

products listed above according to the test 

procedures provided for in 10 CFR 431.96, 

except that: 

(i) MEUS may test a ‘‘tested combination’’

selected in accordance with the provisions of 

subparagraph (B) of this paragraph. For every 

other system combination using the same 

heat source unit as the tested combination, 

MEUS shall make representations concerning 

the WR2 and WY CITY MULTI products 

covered in this waiver according to the 

provisions of subparagraph (C) below. 

(B) Tested combination. The term ‘‘tested 

combination’’ means a sample basic model 

comprised of units that are production units, 

or are representative of production units, of 

the basic model being tested. For the 

purposes of this waiver, the tested 

combination shall have the following 

features: 

(i) The basic model of a variable refrigerant 

flow system used as a tested combination 

shall consist of a heat source unit that is 

matched with between 2 and 5 indoor units. 

(ii) The indoor units shall—

(a) Represent the highest sales volume type 

models; 

(b) Together, have a capacity between 95% 

and 105% of the capacity of the heat source 

unit; 

(c) Not, individually, have a capacity 

greater than 50% of the capacity of the heat 

source unit; 

(d) Have a fan speed that is consistent with 

the manufacturer’s specifications; and 

(e) All have the same external static 

pressure. 

(C) Representations. MEUS may make 

representations about the energy efficiency of 

WR2 and WY CITY MULTI VRFZ products, 

for compliance, marketing, or other purposes, 

only to the extent that such representations 

are made consistent with the provisions 

outlined below: 

(i) For WR2 and WY CITY MULTI VRFZ 

combinations tested in accordance with this 

paragraph, MEUS may make representations 

based on these test results. 

(ii) For WR2 and WY CITY MULTI VRFZ 

combinations that are not tested, MEUS may 

make representations which are based on the 

testing results for the tested combination and 

which are consistent with any of the three 

following methods: 

(a) Representation of non-tested 

combinations according to an Alternative 

Rating Method (‘‘ARM’’) approved by DOE. 

(b) Representation of non-tested 

combinations at the same energy efficiency 

level as the tested combination with the same 

heat source unit. 

(c) Representation of non-tested 

combinations at the DOE prescribed 

minimum efficiency level for the product 

class if the tested combination using the 

same heat source unit meets or exceeds that 

level. 

VII. Similar Products 

To the best of our knowledge, water-source 

VRFZ products are also offered in the United 

States by Daikin U.S. Corporation. This 

manufacturer, however, has incorporated a 

different technology to achieve variable 

refrigerant flow. 

VIII. Application for Interim Waiver 

Pursuant to 10 CFR 431.401(a)(2), MEUS 

also submits an application for interim 

waiver of the applicable test procedures for 

the WR2 and WY CITY MULTI models listed 

above. DOE’s regulations contain provisions 

allowing DOE to grant an interim waiver 

from the test procedure requirements to 

manufacturers that have petitioned the 

Department for a waiver of such prescribed 

test procedures.30 As DOE has previously 

stated, ‘‘an Interim Waiver will be granted if 

it is determined that the applicant will 

experience economic hardship if the 

Application for Interim Waiver is denied, if 

it appears likely that the Petition for Waiver 

will be granted, and/or the Assistant 

Secretary determines that it would be 

desirable for public policy reasons to grant 

immediate relief pending a determination for 


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17540 Federal Register / Vol. 72, No. 67 / Monday, April 9, 2007 / Notices 

31Energy Conservation Program for Consumer 

Products: Publication of the Petition for Waiver and 

Granting of the Application for Interim Waiver of 

Samsung Air Conditioning From the DOE 

Residential and Commercial Package Air 

Conditioner and Heat Pump Test Procedures (Case 

No. CAC–009), 70 FR 9629, at 9630 (Feb. 28, 2005) 

(Samsung Interim Waiver). See 10 CFR 

431.201(e)(3) (2005). See also R410A Interim 

Waiver at 14860. 

32R410A Interim Waiver at 14860. 

33Samsung Interim Waiver at 9630. 

34R410A Interim Waiver at 14860. DOE made the 

same statement in the Samsung Interim Waiver, 

concluding that ‘‘in those instances where the likely 

success of the Petition for Waiver has been 

demonstrated, based upon DOE having granted a 

waiver for a similar product design, it is in the 

public interest to have similar products tested and 

rated for energy consumption on a comparable 

basis.’’ 70 FR at 9630. 

35Samsung Interim Waiver; Energy Conservation 

Program for Consumer Products: Publication of the 

Petition for Waiver of Fujitsu General Limited From 

the DOE Residential Air Conditioner and Heat 

Pump Test Procedures (Case No. CAC–010), 70 FR 

5980 (Feb. 4, 2005). 

36 10 CFR 431.201(a)(1) (2005). 

the Petition for Waiver.’’31 MEUS will 

experience economic hardship if the 

application for interim waiver is denied. 

Additionally, precedent indicates that DOE 

will likely grant MEUS’s petition for waiver. 

Finally, it is in the public interest to grant an 

interim waiver. Therefore, MEUS respectfully 

requests DOE to grant the application for 

interim waiver. 

MEUS plans to introduce the new WR2 

and WY products into the U.S. market early 

in the first quarter of 2007. The procedure for 

granting a petition for waiver is a timeconsuming process—DOE must publish the 

petition in the Federal Register, allow time 

for public comment, and then consider any 

comments before it makes a decision. Thus, 

the process typically takes a number of 

months. If an interim waiver is not granted, 

MEUS will suffer economic hardship because 

MEUS will be required to delay its 

introduction of these products to U.S. 

customers. 

In addition, DOE will likely grant MEUS’s 

petition for waiver. As described above, the 

design characteristics which prevented 

testing of the basic model of the products 

listed in the 2004 CITY MULTI Waiver and 

the R410A Interim Waiver are present for the 

new WR2 and WY models as well. The best 

evidence that DOE is likely to grant this 

waiver petition is the fact that it granted a 

similar petition in the 2004 CITY MULTI 

Waiver, and granted an interim waiver for the 

R410A products on the basis that ‘‘it appears 

likely that the [R410A] Petition for Waiver 

will be granted.’’32 DOE also granted an 

interim waiver to Samsung Air Conditioning 

in 2005 stating that Samsung’s petition 

would likely be granted because Samsung’s 

products are quite similar to the MEUS’s 

CITY MULTI products, for which DOE 

already granted a waiver.33

Finally, DOE’s regulations state that the 

Assistant Secretary may grant an interim 

waiver if he determines that it would be 

desirable for public policy reasons to grant 

immediate relief pending a determination for 

the Petition for Waiver. In response to 

MEUS’s Application for Interim Waiver for 

its R410A products, DOE stated that ‘‘in 

those instances where the likely success of 

the Petition for Waiver has been 

demonstrated, based upon DOE having 

granted a waiver for a similar product design, 

it is in the public interest to have similar 

products tested and rated for energy 

consumption on a comparable basis.’’34

MEUS’s WR2 and WY CITY MULTI products 

are similar to the R22 and R410A CITY 

MULTI products, as well as the products for 

which Samsung Air Conditioning and Fujitsu 

General Limited were granted interim 

waivers,35 and they will suffer the same 

testing obstacles as those products. 

Therefore, since it is in the public interest 

to have similar products tested and rated on 

a comparable basis, DOE should grant 

MEUS’s Application for Interim Waiver. 

IX. Conclusion 

MEUS seeks a waiver of the applicable test 

procedures for the products listed in Section 

IV above. Such a waiver is necessary because 

the basic WR2 and WY CITY MULTI models 

‘‘contain[] one or more design characteristics 

which * * * prevent testing of the basic 

model according to the prescribed test 

procedures.’’ 36 MEUS respectfully asks the 

Department of Energy to grant a waiver from 

existing test standards until such time as an 

appropriate test procedure is developed and 

adopted for this class of products. MEUS 

expects to continue working with ARI and 

DOE to develop appropriate test procedures. 

MEUS further requests DOE to grant its 

request for an interim waiver while its 

Petition for Waiver is pending. 

If you have any questions or would like to 

discuss this request, please contact Paul 

Doppel, at (678) 376–2923, or Douglas Smith 

at (202) 298–1902. We greatly appreciate 

your attention to this matter. 

Sincerely, 

William Rau, 

Senior Vice President and General Manager, 

HVAC Advanced Products Division, 

Mitsubishi Electric & Electronics USA, Inc., 

4300 Lawrenceville-Suwanee Road, 

Suwanee, GA 30024. 

Mitsubishi Electric 

Mitsubishi Electric & Electronics USA, Inc. 

HVAC Advanced Products Division 3400 

Lawrenceville-Suwanee Road, Suwanee, 

GA 30024 

CERTIFICATE 

I hereby certify that I have this day served 

the foregoing Petition for Waiver and 

Application for Interim Waiver upon the 

following company known to Mitsubishi 

Electric & Electronics USA, Inc. to currently 

market systems in the United States which 

appear to be similar to the WR2 and WY 

CITY MULTI VRFZ system design. I have 

notified this manufacturer that the Assistant 

Secretary for Energy Efficiency and 

Renewable Energy will receive and consider 

timely written comments on the Application 

for Interim Waiver. 

Daikin AC (Americas), Inc., 

1645 Wallace Drive, Suite 110, Carrollton, TX 

75006, Attn: Mike Bregenzer, VP and 

GM. 

Dated this 30th day of October 2006. 

William Rau, 

Senior Vice President and General Manager, 

HVAC Advanced Products Division, 

Mitsubishi Electric & Electronics USA, Inc., 

3400 Lawrenceville-Suwanee Road, Suwanee, 

GA 30024. 

[FR Doc. E7–6628 Filed 4–6–07; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[IC07–580–001, FERC Form 580] 

Commission Information Collection 

Activities, Proposed Collection; 

Comment Request; Extension 

April 3, 2007. 

AGENCY: Federal Energy Regulatory 

Commission, DOE. 

ACTION: Notice. 

SUMMARY: In compliance with the 

requirements of section 3507 of the 

Paperwork Reduction Act of 1995, 44 

U.S.C. 3507, the Federal Energy 

Regulatory Commission (Commission) 

has submitted the information 

collection described below to the Office 

of Management and Budget (OMB) for 

review and extension of this 

information collection requirement. Any 

interested person may file comments 

directly with OMB and should address 

a copy of those comments to the 

Commission as explained below. The 

Commission received comments from 

two entities in response to an earlier 

Federal Register notice of December 14, 

2006 (71 FR 75238–75239) and has 

provided responses to the commenters 

in its submission to OMB. Copies of the 

submission were also submitted to the 

commenters. 

DATES: Comments on the collection of 

information are due by May 7, 2007. 

ADDRESSES: Address comments on the 

collection of information to the Office of 

Management and Budget, Office of 

Information and Regulatory Affairs, 

Attention: Federal Energy Regulatory 

Commission Desk Officer. Comments to 

OMB should be filed electronically, c/o 

oira_submission@omb.eop.gov and 

include the OMB Control No. as a point 

of reference. The Desk Officer may be 

reached by telephone at 202–395–4650. 

A copy of the comments should also be 

sent to the Federal Energy Regulatory 

Commission, Office of the Executive 

Director, ED–34, Attention: Michael 

Miller, 888 First Street, NE., 

Washington, DC 20426. Comments may 

be filed either in paper format or 

electronically. Those persons filing 


sroberts on PROD1PC70 with NOTICES