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[Federal Register: July 19, 2010 (Volume 75, Number 137)]
[Notices]               
[Page 41845-41850]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19jy10-51]                         

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. CAC-027]

 
Energy Conservation Program for Certain Commercial and Industrial 
Equipment: Decision and Order Granting a Waiver to Sanyo North America 
Corporation From the Department of Energy Commercial Package Air 
Conditioner and Heat Pump Test Procedures

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

ACTION: Decision and Order.

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SUMMARY: This notice publishes the U.S. Department of Energy's (DOE) 
Decision and Order in Case No. CAC-027, which grants Sanyo North 
America Corporation (Sanyo) a waiver from the existing DOE test 
procedures applicable to commercial package air-source and water-source 
central air conditioners and heat pumps. The waiver is specific to the 
Sanyo variable capacity ECO-i (commercial) multi-split heat pumps. As a 
condition of this waiver, Sanyo must use the alternate test procedure 
set forth in this notice to test and rate its ECO-i multi-split 
products.

DATES: This Decision and Order is effective July 19, 2010.

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

[[Page 41846]]

0103. Telephone: (202) 586-9507. E-mail: Eric.Stas@hq.doe.gov.

SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of 
Federal Regulations (10 CFR) 431.401(f)(4), DOE is providing notice of 
the issuance of the Decision and Order set forth below. In this 
Decision and Order, DOE grants Sanyo a waiver from the existing DOE 
commercial package air conditioner and heat pump test procedures for 
its ECO-i multi-split products. The waiver requires Sanyo use the 
alternate test procedure provided in this notice to test and rate the 
specified models from its ECO-i multi-split product line (as identified 
below). The cooling capacities of Sanyo's commercial heat pump products 
at issue in the waiver petition filed by Sanyo range from 72,000 Btu/h 
to 288,000 Btu/h. All of the air-source Sanyo products are covered by 
this waiver. The Sanyo water-source products with capacities greater 
than or equal to 135,000 Btu/h are not covered by this waiver because 
the DOE test procedure only covers water-source heat pumps with 
capacities less than 135,000 Btu/h.
    Today's decision prohibits Sanyo from making any representations 
concerning the energy efficiency of these products unless the product 
has been tested consistent with the provisions and restrictions in the 
alternate test procedure set forth in the Decision and Order below, and 
the representations fairly disclose the test results. (42 U.S.C. 
6314(d)) Distributors, retailers, and private labelers are held to the 
same standard when making representations regarding the energy 
efficiency of these products. Id.

    Issued in Washington, DC, on July 9, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.

Decision and Order; In the Matter of: Sanyo North America Corp. (Sanyo) 
(Case No. CAC-027)

Background

    Title III of the Energy Policy and Conservation Act (EPCA) sets 
forth a variety of provisions concerning energy efficiency, including 
Part A of Title III which establishes the ``Energy Conservation Program 
for Consumer Products Other Than Automobiles.'' (42 U.S.C. 6291-6309) 
Part A-1 of Title III provides for a similar energy efficiency program 
titled ``Certain Industrial Equipment,'' which includes large and small 
commercial air conditioning equipment, package boilers, storage water 
heaters, and other types of commercial equipment. (42 U.S.C. 6311-6317)
    Today's notice involves commercial equipment under Part A-1. The 
statute specifically includes definitions (42 U.S.C. 6311), test 
procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C. 6315), and 
energy conservation standards (42 U.S.C. 6313). It also provides the 
Secretary of Energy (the Secretary) with the authority to require 
information and reports from manufacturers. (42 U.S.C. 6316) The 
statute authorizes the Secretary of Energy (the Secretary) to prescribe 
test procedures that are reasonably designed to produce test results 
that reflect energy efficiency, energy use, and estimated annual 
operating costs, and that are not unduly burdensome to conduct. (42 
U.S.C. 6314(a)(2))
    For commercial package air-conditioning and heating equipment, EPCA 
provides that ``the test procedures shall be those generally accepted 
industry testing procedures or rating procedures developed or 
recognized by the Air-Conditioning and Refrigeration Institute [ARI] or 
by the American Society of Heating, Refrigerating and Air-Conditioning 
Engineers [ASHRAE], as referenced in ASHRAE/IES [Illuminating 
Engineering Society] Standard 90.1 and in effect on June 30, 1992.'' 
(42 U.S.C. 6314(a)(4)(A)) Under 42 U.S.C. 6314(a)(4)(B), the Secretary 
must amend the test procedure for a covered commercial product if the 
applicable industry test procedure is amended, unless the Secretary 
determines, by rule and based on clear and convincing evidence, that 
such a modified test procedure does not meet the statutory criteria set 
forth in 42 U.S.C. 6314(a)(2) and (3).
    On December 8, 2006, DOE published a final rule adopting test 
procedures for commercial package air-conditioning and heating 
equipment, effective January 8, 2007. 71 FR 71340. DOE adopted the 
International Organization for Standardization (ISO) Standard 13256-1-
1998, ``Water-source heat pumps--Testing and rating for performance--
Part 1: Water-to-air and brine-to-air heat pumps,'' for small 
commercial package water-source heat pumps with capacities less than 
135,000 British thermal units per hour (Btu/h). Id. at 71371. Pursuant 
to this rulemaking, DOE's regulations at 10 CFR 431.95(b)(3) 
incorporate by reference ISO Standard 13256-1-1998. In addition, Table 
1 of 10 CFR 431.96 directs manufacturers of commercial package water-
source air conditioning and heating equipment to use the appropriate 
procedure when measuring the energy efficiency of those products. For 
air-source heat pumps with capacities greater than 65,000 Btu/h, DOE 
adopted ARI Standard 340/360-2004.
    In addition, DOE's regulations allow a person to seek a waiver for 
a particular basic model from the test procedure requirements for 
covered commercial equipment if: (1) That basic model contains one or 
more design characteristics which 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 characteristics as to provide materially inaccurate 
comparative data. 10 CFR 431.401(a)(1). A waiver petition must include 
any alternate test procedures known to the petitioner to evaluate 
characteristics of the basic model in a manner representative of its 
energy consumption. 10 CFR 431.401(b)(1)(iii). The Assistant Secretary 
for Energy Efficiency and Renewable Energy (Assistant Secretary) may 
grant a waiver subject to conditions, including adherence to alternate 
test procedures. 10 CFR 431.401(f)(4). Waivers remain in effect 
pursuant to the provisions of 10 CFR 431.401(g).
    The waiver process also allows any interested person who has 
submitted a petition for waiver to file an application for interim 
waiver from the applicable test procedure requirements. 10 CFR 
431.401(a)(2). An interim waiver may be granted if the Assistant 
Secretary determines 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 if the 
Assistant Secretary determines that it would be desirable for public 
policy reasons to grant immediate relief pending a determination on the 
petition for waiver. 10 CFR 431.401(e)(3). An interim waiver remains in 
effect for 180 days or until DOE issues its determination on the 
petition for waiver, whichever occurs first. The interim waiver may be 
extended by DOE for an additional 180 days. 10 CFR 431.401(e)(4).
    On January 4, 2010, Sanyo filed a petition for waiver from the test 
procedures at 10 CFR 431.96 applicable to commercial package air and 
water-source central air conditioners and heat pumps, as well as an 
application for interim waiver. The cooling capacities of Sanyo's 
commercial ECO-i multi-split heat pump products at issue in the waiver 
petition range from 72,000 Btu/h to 288,000 Btu/h. The Sanyo products 
with capacities >= 135,000 Btu/h are not covered by this waiver because 
there is

[[Page 41847]]

no DOE test procedure for water-source heat pumps with capacities >= 
135,000 Btu/hr. The cooling capacities of Sanyo's commercial ECO-i air-
source multi-split heat pump products also range from 72,000 Btu/h to 
288,000 Btu/h. All of these products are covered by this waiver, as ARI 
Standard 340/360-2004 covers products with capacities greater than 
65,000 Btu/h.
    Sanyo seeks a waiver from the applicable test procedures under 10 
CFR 431.96 on the grounds that its ECO-i multi-split heat pumps contain 
design characteristics that prevent testing according to the current 
DOE test procedures. Specifically, Sanyo asserts that the two primary 
factors that prevent testing of its multi-split variable speed products 
are the same factors stated in the waivers that DOE granted to 
Mitsubishi Electric & Electronics USA, Inc. (Mitsubishi) and other 
manufacturers for similar lines of commercial multi-split air-
conditioning systems:
     Testing laboratories cannot test products with so many 
indoor units; and
     There are too many possible combinations of indoor and 
outdoor units to test. 69 FR 52660 (August 27, 2004) (Mitsubishi 
waiver); 72 FR 17528 (April 9, 2007) (Mitsubishi waiver); 72 FR 71387 
(Dec. 17, 2007) (Samsung waiver); 72 FR 71383 (Dec. 17, 2007) (Fujitsu 
waiver); 73 FR 39680 (July 10, 2008) (Daikin waiver); 74 FR 15955 
(April 8, 2009) (Daikin waiver); 74 FR 16193 (April 9, 2009) (Sanyo 
waiver); 74 FR 16373 (April 10, 2009) (Daikin waiver).
    On March 18, 2010, DOE published Sanyo's petition for waiver in the 
Federal Register, seeking public comment pursuant to 10 CFR 
431.401(b)(1)(iv), and granted the application for interim waiver. 75 
FR 13114. DOE received no comments on the Sanyo petition.
    In a similar case, DOE published a petition for waiver from 
Mitsubishi for products very similar to Sanyo's multi-split products. 
71 FR 14858 (March 24, 2006). In the March 24, 2006, Federal Register 
notice, DOE also published and requested comment on an alternate test 
procedure for the MEUS products at issue. DOE stated that if it 
specified an alternate test procedure for MEUS in the subsequent 
Decision and Order, DOE would consider applying the same procedure to 
similar waivers for residential and commercial central air conditioners 
and heat pumps, including such products for which waivers had 
previously been granted. Id. at 14861. Comments were published along 
with the Mitsubishi Decision and Order in the Federal Register on April 
9, 2007. 72 FR 17528. Most of the comments were favorable. One 
commenter indicated that a waiver was unnecessary. However, the 
commenter did not present a satisfactory method of testing the 
products. Id. at 72 FR 17529. Generally, commenters agreed that an 
alternate test procedure is necessary while a final test procedure for 
these types of products is being developed. Id. The Mitsubishi Decision 
and Order included the alternate test procedure adopted by DOE. Id. at 
72 FR 17530.

Assertions and Determinations

Sanyo's Petition for Waiver
    Sanyo seeks a waiver from the DOE test procedures for this product 
class on the grounds that its ECO-i multi-split heat pumps contain 
design characteristics that prevent them from being tested using the 
current DOE test procedures. As stated above, Sanyo asserts that the 
two primary factors that prevent testing of multi-split variable speed 
products, regardless of manufacturer, are the same factors stated in 
the waivers that DOE granted to Mitsubishi, Fujitsu General Ltd. 
(Fujitsu), Samsung Air Conditioning (Samsung), Daikin, and LG for 
similar lines of commercial multi-split air-conditioning systems: (1) 
Testing laboratories cannot test products with so many indoor units; 
and (2) there are too many possible combinations of indoor and outdoor 
unit to test.
    The Sanyo ECO-i systems have operational characteristics similar to 
the commercial multi-split products manufactured by Mitsubishi, 
Samsung, Fujitsu, LG, and Daikin. As indicated above, DOE has granted 
waivers for these products. The ECO-i system includes 90 unique outdoor 
models and 54 unique indoor models, and can connect up to 40 indoor 
units to a single outdoor unit. There are over one million combinations 
possible with the Sanyo ECO-i system. Consequently, Sanyo requested 
that DOE grant a waiver from the applicable test procedures for its 
ECO-i product designs until a suitable test method can be prescribed. 
DOE believes that the Sanyo ECO-i equipment and equipment for which 
waivers have previously been granted are alike with respect to the 
factors that make them eligible for test procedure waivers. Therefore, 
DOE has decided to grant Sanyo a waiver for its ECO-i multi-split 
products, similar to the multi-split product waivers already issued to 
the other manufacturers mentioned above.
    Previously, in addressing Mitsubishi's R410A CITY MULTI VRFZ 
products, which are similar to the Sanyo products at issue here, DOE 
stated:

    To provide a test procedure from which manufacturers can make 
valid representations, the Department [DOE] is considering setting 
an alternate test procedure for MEUS [Mitsubishi] in the subsequent 
Decision and Order. Furthermore, if DOE specifies an alternate test 
procedure for MEUS, DOE is considering applying the alternate test 
procedure to similar waivers 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), 
Fujitsu's petition for its Airstage variable refrigerant flow (VRF) 
products (70 FR 5980, February 4, 2005), and MEUS's petition for its 
R22 CITY MULTI VRFZ products. (69 FR 52660, August 27, 2004).

(71 FR 14861, March 24, 2006).

    Sanyo did not include an alternate test procedure in its petition 
for waiver. However, in response to two recent petitions for waiver 
from Mitsubishi, DOE specified an alternate test procedure that 
Mitsubishi could use to test and make valid energy efficiency 
representations for its R410A CITY MULTI products and its R22 multi-
split products. Alternate test procedures related to the Mitsubishi 
petitions were published in the Federal Register on April 9, 2007 and 
December 15, 2009. 72 FR 17528; 74 FR 66311. DOE believes that the same 
alternate test procedure specified in the Mitsubishi decision could be 
used to test the Sanyo products at issue here.
    DOE understands that existing testing facilities have a limited 
ability to test multiple indoor units simultaneously. It also 
understands that it is impractical to test some variable refrigerant 
flow zoned systems because of the number of possible combinations of 
indoor and outdoor units. DOE further notes that after the waiver 
granted for Mitsubishi's R22 multi-split products, AHRI formed a 
committee to develop a testing protocol for variable refrigerant flow 
systems. The committee developed AHRI Standard 1230-2009: ``Performance 
Rating of Variable Refrigerant Flow (VRF) Multi-Split Air-Conditioning 
and Heat Pump Equipment.'' AHRI adopted the standard in June 2009. AHRI 
1230-2009 is substantially the same as DOE's alternate test procedure 
with respect to the testing of these Sanyo products. It has recently 
been adopted as an addendum to ASHRAE 90.1, and DOE plans to consider 
this industry standard in a subsequent test procedure rulemaking.
    DOE issues today's Decision and Order granting Sanyo a test 
procedure waiver for its commercial ECO-i air-

[[Page 41848]]

source and water-source multi-split heat pumps. As a condition of this 
waiver, Sanyo must use the alternate test procedure described below. 
This alternate test procedure is the same in all relevant particulars 
as the one that DOE applied to the Mitsubishi waiver.
Alternate Test Procedure
    The alternate test procedure permits Sanyo to designate a ``tested 
combination'' for each model of outdoor unit. The indoor units 
designated as part of the tested combination must meet specific 
requirements. For example, the tested combination must have from two to 
five (for systems with nominal cooling capacities greater than 150,000 
Btu/h, the number of indoor units may be as high as eight to be able to 
test non-ducted indoor unit combinations) indoor units so that it can 
be tested in available test facilities. The tested combination must be 
tested according to the applicable DOE test procedure, as modified by 
the provisions of the alternate test procedure as set forth below.
    The alternate DOE test procedure also allows Sanyo to represent the 
products' energy efficiency. These representations must fairly disclose 
the test results. The DOE test procedure, as modified by the alternate 
test procedure set forth in this Decision and Order, provides for 
efficiency rating of a non-tested combination in one of two ways: (1) 
At an energy efficiency level determined using a DOE-approved 
alternative rating method; or (2) at the efficiency level of the tested 
combination utilizing the same outdoor unit.
    As in the Mitsubishi waiver, DOE believes that allowing Sanyo to 
make energy efficiency representations for non-tested combinations by 
adopting the alternative test procedure is reasonable because the 
outdoor unit is the principal efficiency driver. The current DOE test 
procedure for commercial products tends to rate these products 
conservatively because it does not account for their multi-zoning 
feature. The multi-zoning feature of these products enables them to 
cool only those portions of the building that require cooling. Products 
with a multi-zoning feature are expected to use less energy than units 
controlled by a single thermostat, which cool the entire home or 
commercial building regardless of whether only portions need cooling. 
The multi-zoning feature would not be properly evaluated by the current 
test procedure, which requires full-load testing. Full-load testing 
requires the entire building to be cooled. Products using a multi-
zoning feature and subjected to full-load testing would be at a 
disadvantage because they are optimized for highest efficiency when 
operating with less than full loads. The alternate test procedure will 
provide a conservative basis for assessing the energy efficiency of 
such products.
    With regard to the laboratory testing of commercial products, some 
of the difficulties associated with the existing test procedure are 
avoided by the alternate test procedure's requirements for choosing the 
indoor units to be used in the manufacturer-specified tested 
combination. For example, in addition to limiting the number of indoor 
units, another requirement is that all the indoor units must be 
subjected the same minimum external static pressure. This requirement 
enables the test lab to manifold the outlets from each indoor unit into 
a common plenum that supplies air to a single airflow measuring 
apparatus. This eliminates situations in which some of the indoor units 
are ducted and some are non-ducted. Without this requirement, the 
laboratory must evaluate the capacity of a subgroup of indoor coils 
separately and then sum the separate capacities to obtain the overall 
system capacity. Measuring capacity in this way would require that the 
test laboratory be equipped with multiple airflow measuring 
apparatuses. It is unlikely that any test laboratory would be equipped 
with the necessary number of such apparatuses. Alternatively, the test 
laboratory could connect its one airflow measuring apparatus to one or 
more common indoor units until the contribution of each indoor unit had 
been measured. However, that approach would be so time-consuming as to 
be impractical.
    Furthermore, DOE stated in the March 24, 2006 notice publishing the 
Mitsubishi petition for waiver that if it decided to specify an 
alternate test procedure for Mitsubishi, it would consider applying the 
procedure to waivers for similar residential and commercial central air 
conditioners and heat pumps produced by other manufacturers. 71 FR 
14861. As noted above, most of the comments received by DOE in response 
to the March 2006 notice supported the proposed alternate test 
procedure. 72 FR 17528, 17529 (April 9, 2007). Commenters responding to 
that prior notice generally agreed that an alternate test procedure is 
appropriate for an interim period while a final test procedure for 
these products is being developed. Id.
    For the reasons discussed above, DOE believes Sanyo's ECO-i multi-
split products cannot be tested using the procedures prescribed in 10 
CFR 431.96 (ISO Standard 13256-1 (1998) and ARI Standard 340/360-2004) 
and incorporated by reference in DOE's regulations at 10 CFR 
431.95(b)(2)-(3). After careful consideration, DOE has decided to 
prescribe the alternate test procedure first developed for the 
Mitsubishi waiver for Sanyo's commercial multi-split products. The 
alternate test procedure for the Sanyo products must include the 
modifications described above.
Consultations With Other Agencies
    DOE consulted with the Federal Trade Commission (FTC) staff 
concerning the Sanyo petition for waiver. The FTC staff did not have 
any objections to issuing a waiver to Sanyo.

Conclusion

    After careful consideration of all the materials submitted by 
Sanyo, the absence of any comments, and consultation with the FTC 
staff, it is ordered that:
    (1) The petition for waiver filed by Sanyo (Case No. CAC-027) is 
hereby granted as set forth in the paragraphs below.
    (2) Sanyo shall not be required to test or rate its ECO-i multi-
split air conditioner and heat pump models listed below on the basis of 
the test procedures cited in 10 CFR 431.96, specifically, ISO Standard 
13256-1 (1998) and ARI Standard 340/360-2004 (incorporated by reference 
in 10 CFR 431.95(b)(2-3)). Instead, it shall be required to test and 
rate such products according to the alternate test procedure as set 
forth in paragraph (3).

ECO-i Series Outdoor Units

ECOi Outdoor Unit Air Source Heat Pump Series (208/230 Volt, 3 Phase, 
60 Hz)

     Models CHDX* * *63 with capacities ranging from 72,000 to 
288,000 Btu/h.

     * * *: 072, 096, 144, 168, 192, 216, 240, 264, 288.

     Models CHDXR* * *63 with capacities ranging from 72,000 to 
288,000 Btu/h.

     * * *: 072, 096, 144, 168, 192, 216, 240, 264, 288.

ECOi Outdoor Unit Air Source Heat Pump Series (460 Volt, 3 Phase, 60 
Hz)

     Models CHDX* * *74 with capacities ranging from 72,000 to 
288,000 Btu/h.

     * * *: 072, 096, 144, 168, 192, 216, 240, 264, 288.

     Models CHDXR* * *74 with capacities ranging from 72,000 to 
288,000 Btu/h.

     * * *: 072, 096, 144, 168, 192, 216,

[[Page 41849]]

240, 264, 288.

ECOi Outdoor Unit Air Source Heat Recovery Series (208/230 Volt, 3 
Phase, 60 Hz)

     Models CHDZ* * *63 with capacities ranging from 72,000 to 
288,000 Btu/h.
     * * *: 072, 096, 144, 168, 192, 216, 240, 264, 288.

     Models CHDZR* * *63 with capacities ranging from 72,000 to 
288,000 Btu/h.

     * * *: 072, 096, 144, 168, 192, 216, 240, 264, 288.

ECOi Outdoor Unit Air Source Heat Recovery Series (460 Volt, 3 Phase, 
60 Hz)

     Models CHDZ* * *74 with capacities ranging from 72,000 to 
288,000 Btu/h.

     * * *: 072, 096, 144, 168, 192, 216, 240, 264, 288.

     Models CHDZR* * *74 with capacities ranging from 72,000 to 
288,000 Btu/h.

     * * *: 072, 096, 144, 168, 192, 216, 240, 264, 288.

ECOi Outdoor Unit Water Source Heat Recovery Series (208/230 Volt, 3 
Phase, 60 Hz)

     Models CHWDZ* * *63 with capacities ranging from 72,000 to 
96,000 Btu/h.

     * * *: 072, 096.

ECOi Outdoor Unit Water Source Heat Recovery Series (460 Volt, 3 Phase, 
60 Hz)

     Models CHWDZ* * *74 with capacities ranging from 72,000 to 
96,000 Btu/h.

     * * *: 072, 096.

Compatible Indoor Units for Above Listed Outdoor Units

     UMHX* *62 series low profile concealed ducted with 
nominally rated capacities of 7,000, 9,000, 12,000, 15,000 and 18,000 
Btu/h.

     UHX* *62 series low-medium static concealed ducted with 
nominally rated capacities of 7,000, 9,000, 12,000, 15,000, 18,000, 
24,000, 36,000, 48,000 and 54,000 Btu/h.
     DHX* *52 series medium-high static concealed ducted with 
nominally rated capacities of 36,000 and 48,000 Btu/h.
     XMHX* *52 series four way cassette with nominally rated 
capacities of 12,000 and 18,000 Btu/h.
     XHX* *52 series four way cassette with nominally rated 
capacities of 24,000 and 36,000 Btu/h.
     AHX* *52 series one way discharge ceiling cassette indoor 
units with nominally rated capacities of 7,000, 9,000 and 12,000 Btu/h.
     FHX* *62 series floor mounted with nominally rated 
capacities of 7,000, 9,000, 12,000, 15,000, 18,000 and 24,000 Btu/h.
     FMHX* *62 series floor mounted concealed with nominally 
rated capacities of 7,000, 9,000, 12,000, 15,000, 18,000 and 24,000 
Btu/h.
     KHX* *52 series wall mounted with nominally rated 
capacities of 7,000, 9,000, 12,000, 15,000, 18,000 and 24,000 Btu/h.
     KHX* *62 series wall mounted with nominally rated 
capacities of 18,000 and 19,000 Btu/h.
     THX* *52 series ceiling suspended with nominally rated 
capacities of 12,000, 18,000 and 24,000 Btu/h.
     VHX* *62 series vertical air handler with nominally rated 
capacities of 12,000, 18,000, 24,000, 30,000, 36,000, 42,000, 48,000 
and 60,000 Btu/h.
    (3) Alternate test procedure.
    (A) Sanyo is required to test the products listed in paragraph (2) 
above according to the test procedure for commercial package air 
conditioners and heat pumps prescribed by DOE at 10 CFR 431.96 (ISO 
Standard 13256-1 (1998) and ARI Standard 340/360-2004 (incorporated by 
reference in 10 CFR 431.95(b)(2)-(3)), except that Sanyo shall test a 
tested combination selected in accordance with the provisions of 
subparagraph (3)(B) below. For every other system combination using the 
same outdoor unit as the tested combination, Sanyo shall make 
representations concerning the ECO-i products covered in this waiver 
according to the provisions of subparagraph (C) below.
    (B) Tested combination. The term ``tested combination'' means a 
sample basic model comprised of units that are production units, or are 
representative of production units, of the basic model being tested. 
For the purposes of this waiver, the tested combination shall have the 
following features:
    (i) The basic model of a variable refrigerant flow system used as a 
tested combination shall consist of one outdoor unit, with one or more 
compressors, that is matched with between two and five indoor units. 
(For systems with nominal cooling capacities greater than 150,000 Btu/
h, as many as eight indoor units may be used, so as to be able to test 
non-ducted indoor unit combinations). For multi-split systems, each of 
these indoor units shall be designed for individual operation.
    (ii) The indoor units shall:
    (a) Represent the highest sales model family, or another indoor 
model family if the highest sales model family does not provide 
sufficient capacity (see (b) below);
    (b) Together, have a nominal cooling capacity that is between 95 
percent and 105 percent of the nominal cooling capacity of the outdoor 
unit;
    (c) Not, individually, have a nominal cooling capacity greater than 
50 percent of the nominal cooling capacity of the outdoor unit;
    (d) Operate at fan speeds that are consistent with the 
manufacturer's specifications; and
    (e) Be subject to the same minimum external static pressure 
requirement while being configurable to produce the same static 
pressure at the exit of each outlet plenum when manifolded as per 
section 2.4.1 of 10 CFR Part 430, Subpart B, Appendix M.
    (C) Representations. In making representations about the energy 
efficiency of its ECO-i multi-split products, for compliance, 
marketing, or other purposes, Sanyo must fairly disclose the results of 
testing under the DOE test procedure in a manner consistent with the 
provisions outlined below:
    (i) For ECO-i multi-split combinations tested in accordance with 
this alternate test procedure, Sanyo may make representations based on 
those test results.
    (ii) For ECO-i multi-split combinations that are not tested, Sanyo 
may make representations based on the testing results for the tested 
combination and that are consistent with either of the two following 
methods:
    (a) Representation of non-tested combinations according to an 
alternative rating method approved by DOE; or
    (b) Representation of non-tested combinations at the same energy 
efficiency level as the tested combination with the same outdoor unit.
    (4) This waiver shall remain in effect from the date this Decision 
and Order is issued, consistent with the provisions of 10 CFR 
431.401(g).
    (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 the waiver at any time if it 
determines that the factual basis underlying the petition for waiver is 
incorrect, or the results from the alternate test procedure are 
unrepresentative of the basic models' true energy consumption 
characteristics.

[[Page 41850]]

    Issued in Washington, DC, on July 9, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 2010-17514 Filed 7-16-10; 8:45 am]
BILLING CODE 6450-01-P
```