13104 Federal Register / Vol. 77, No. 43 / Monday, March 5, 2012 / Notices 

Comments regarding burden and/or 

the collection activity requirements 

should be electronically mailed to 

ICDocketMgr@ed.gov. Individuals who 

use a telecommunications device for the 

deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 1– 

800–877–8339. 

[FR Doc. 2012–5281 Filed 3–2–12; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

Environmental Management SiteSpecific Advisory Board, Savannah 

River Site 

AGENCY: Department of Energy. 

ACTION: Notice of Open Meeting. 

SUMMARY: This notice announces a 

meeting of the Environmental 

Management Site-Specific Advisory 

Board (EM SSAB), Savannah River Site. 

The Federal Advisory Committee Act 

(Pub. L. 92–463, 86 Stat. 770) requires 

that public notice of this meeting be 

announced in the Federal Register. 

DATES: Monday, March 26, 2012; 1 

p.m.–5 p.m. Tuesday, March 27, 2012; 

8:30 a.m.–4:30 p.m. 

ADDRESSES: The Marriot Columbia, 1200 

Hampton Street, Columbia, SC 29201. 

FOR FURTHER INFORMATION CONTACT: 

Gerri Flemming, Office of External 

Affairs, Department of Energy, 

Savannah River Operations Office, P.O. 

Box A, Aiken, SC 29802; Phone: (803) 

952–7886. 

SUPPLEMENTARY INFORMATION: 

Purpose of the Board: The purpose of 

the Board is to make recommendations 

to DOE–EM and site management in the 

areas of environmental restoration, 

waste management, and related 

activities. 

Tentative Agenda 

Monday, March 26, 2012 

1 p.m.—Combined Committees Session. 

5 p.m.—Adjourn. 

Tuesday, March 27, 2012 

8:30 a.m.—Approval of Minutes, 

Agency Updates. 

Public Comment Session. 

Facilities Disposition and Site 

Remediation Committee Report. 

Nuclear Materials Committee Report. 

Public Comment Session. 

12:30 p.m.—Lunch Break. 

1:30 p.m.—Strategic and Legacy 

Management Committee Report. 

Waste Management Committee 

Report. 

Administrative Committee Report. 

Public Comment Session. 

4:30 p.m.—Adjourn. 

Public Participation: The EM SSAB, 

Savannah River Site, welcomes the 

attendance of the public at its advisory 

committee meetings and will make 

every effort to accommodate persons 

with physical disabilities or special 

needs. If you require special 

accommodations due to a disability, 

please contact Gerri Flemming at least 

seven days in advance of the meeting at 

the phone number listed above. Written 

statements may be filed with the Board 

either before or after the meeting. 

Individuals who wish to make oral 

statements pertaining to agenda items 

should contact Gerri Flemming’s office 

at the address or telephone listed above. 

Requests must be received five days 

prior to the meeting and reasonable 

provision will be made to include the 

presentation in the agenda. The Deputy 

Designated Federal Officer is 

empowered to conduct the meeting in a 

fashion that will facilitate the orderly 

conduct of business. Individuals 

wishing to make public comments will 

be provided a maximum of five minutes 

to present their comments. 

Minutes: Minutes will be available by 

writing or calling Gerri Flemming at the 

address or phone number listed above. 

Minutes will also be available at the 

following Web site: http://cab.srs.gov/ 

srs-cab.html. 

Issued at Washington, DC, on February 29, 

2012. 

LaTanya R. Butler, 

Acting Deputy Committee Management 

Officer. 

[FR Doc. 2012–5273 Filed 3–2–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CAC–040] 

Decision and Order Amending a 

Waiver Granted to Fujitsu General 

America, Inc. From the Department of 

Energy Commercial Package Air 

Conditioner and Heat Pump Test 

Procedures 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Decision and Order. 

SUMMARY: This notice publishes the U.S. 

Department of Energy’s (DOE) Decision 

and Order in Case No. CAC–040, which 

amends the current waiver applicable to 

Fujitsu’s Airstage V–II products to 

require the use of Air-conditioning, 

Heating and Refrigeration Institute 1230 

(AHRI) as the alternative test procedure. 

DATES: This Decision and Order is 

effective March 5, 2012. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Bryan Berringer, U.S. Department of 

Energy, Building Technologies Program, 

Mailstop EE–2J, 1000 Independence 

Avenue SW., Washington, DC 20585– 

0121. Telephone: (202) 586–0371. 

Email: Bryan.Berringer@ee.doe.gov. 

Ms. Jennifer Tiedeman, U.S. 

Department of Energy, Office of the 

General Counsel, Mail Stop GC–71, 

Forrestal Building, 1000 Independence 

Avenue SW., Washington, DC 20585– 

0103. Telephone: (202) 287–6111. 

Email: 

Jennifer.Tiedemanmailto:@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: DOE 

issues notice of this Decision and Order 

in accordance with Title 10 of the Code 

of Federal Regulations (10 CFR) 

431.401(f)(4). In this Decision and 

Order, DOE amends the current waiver 

applicable to Fujitsu’s Airstage V–II 

equipment to require the use of AHRI 

1230 as the alternative test procedure. 

Amendment is appropriate in this 

specific circumstance because DOE has 

recently issued waivers to other 

manufacturers using AHRI 1230 as the 

alternate test procedure for the same 

types of equipment, and AHRI 1230 is 

very similar to the alternate test 

procedure previously prescribed to 

Fujitsu, but will provide a more 

conservative estimate of the energy 

consumed by this equipment. The 

waiver requires Fujitsu to use AHRI 

1230 to test and rate specified models 

from its Airstage V–II multi-split 

equipment line. 

Today’s decision requires Fujitsu to 

make representations concerning the 

energy efficiency of this equipment 

consistent with the provisions and 

restrictions of the alternate test 

procedure in the Decision and Order 

below, and the representations must 

fairly disclose the test results. (42 U.S.C. 

6314(d)) The same standard applies to 

distributors, retailers, and private 

labelers when making representations of 

the energy efficiency of this equipment. 

Id. 

Issued in Washington, DC, on February 28, 

2012. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

Decision and Order 

In the Matter of: Fujitsu General 

America, Inc. (Fujitsu) (Case No. CAC– 

040). 


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Federal Register / Vol. 77, No. 43 / Monday, March 5, 2012 / Notices 13105 

1For editorial reasons, upon codification in the 

U.S. Code, Part C was re-designated Part A–1. 

Background 

Title III, Part C of the Energy Policy 

and Conservation Act of 1975 (EPCA), 

Public Law 94–163 (42 U.S.C. 6311– 

6317), established the Energy 

Conservation Program for certain 

industrial equipment, which includes 

commercial air conditioning equipment, 

the focus of this decision and order.1

Part C specifically includes definitions 

(42 U.S.C. 6311), test procedures (42 

U.S.C. 6314), labeling provisions (42 

U.S.C. 6315), energy conservation 

standards (42 U.S.C. 6313), and the 

authority to require information and 

reports from manufacturers (42 U.S.C. 

6316). With respect to test procedures, 

Part C authorizes the Secretary of 

Energy (the Secretary) to prescribe test 

procedures that are reasonably designed 

to produce results that measure energy 

efficiency, energy use, and estimated 

annual operating costs, and that are not 

unduly burdensome to conduct. (42 

U.S.C. 6314(a)(2)) 

For commercial package airconditioning and heating equipment, 

EPCA provides that ‘‘the test procedures 

shall be those generally accepted 

industry testing procedures or rating 

procedures developed or recognized by 

the Air-Conditioning and Refrigeration 

Institute [ARI] or by the American 

Society of Heating, Refrigerating and 

Air-Conditioning Engineers [ASHRAE], 

as referenced in ASHRAE/IES Standard 

90.1 and in effect on June 30, 1992.’’ (42 

U.S.C. 6314(a)(4)(A)) Under 42 U.S.C. 

6314(a)(4)(B), if the industry test 

procedure for commercial package airconditioning and heating equipment is 

amended, EPCA directs the Secretary to 

amend the corresponding DOE test 

procedure unless the Secretary 

determines, by rule and based on clear 

and convincing evidence, that such a 

modified test procedure does not meet 

the statutory criteria set forth in 42 

U.S.C. 6314(a)(2) and (3). 

On December 8, 2006, DOE published 

a final rule adopting test procedures for 

commercial package air-conditioning 

and heating equipment, effective 

January 8, 2007. 71 FR 71340. Table 1 

to Title 10 of the Code of Federal 

Regulations (10 CFR) 431.96 directs 

manufacturers of commercial package 

air conditioning and heating equipment 

to use the appropriate procedure when 

measuring energy efficiency of this 

equipment. For commercial package airsource equipment with capacities 

between 65,000 and 760,000 Btu/h, ARI 

Standard 340/360–2004 is the 

applicable test procedure. 

DOE’s regulations for covered 

products and equipment permit a 

person to seek a waiver from the test 

procedure requirements for covered 

commercial equipment if at least one of 

the following conditions is met: (1) The 

petitioner’s basic model contains one or 

more design characteristics that prevent 

testing according to the prescribed test 

procedures; or (2) the prescribed test 

procedures may evaluate the basic 

model in a manner so unrepresentative 

of its true energy consumption as to 

provide materially inaccurate 

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

Petitioners must include in their 

petition any alternate test procedures 

known to the petitioner to evaluate the 

basic model in a manner representative 

of its energy consumption. 10 CFR 

431.401(b)(1)(iii). The Assistant 

Secretary for Energy Efficiency and 

Renewable Energy (Assistant Secretary) 

may grant a waiver subject to 

conditions, including adherence to 

alternate test procedures. 10 CFR 

431.401(f)(4). Waivers remain in effect 

according to the provisions of 10 CFR 

431.401(g). 

On August 12, 2011, DOE granted 

Fujitsu a waiver from the DOE 

commercial air conditioner and heat 

pump test procedures for Fujitsu’s 

Airstage V–II equipment. 76 FR 50204. 

On December 19, 2011, Fujitsu 

requested that DOE amend its order 

granting a test procedure waiver for 

these products to allow Fujitsu to test 

and rate its Airstage V–II equipment 

according to the American National 

Standards Institute (ANSI)/Airconditioning, Heating and Refrigeration 

Institute (AHRI) Standard 1230–2010: 

Performance Rating of Variable 

Refrigerant Flow (VRF) Multi-Split AirConditioning and Heat Pump 

Equipment (AHRI 1230). Fujitsu also 

requested that DOE amend the 

definition of ‘‘tested combination’’ in 

the current alternate test procedure to 

allow for the use of up to 12 indoor 

units in the configuration of a basic 

model. The alternate test procedure 

Fujitsu is currently permitted to use 

specifies a maximum of eight indoor 

units for testing. 

Assertions and Determinations 

Fujitsu’s Petition for Waiver 

Amendment 

As explained in Fujitsu’s waiver for 

its Airstage V–II equipment, these 

systems cannot be tested according to 

the prescribed test procedures for 

commercial products. Specifically, they 

contain one or more design 

characteristic that prevents testing 

according to the test procedures. 

According to DOE’s grant of the August 

2011 waiver, Fujitsu is not required to 

test or rate the products listed in the 

waiver based on the current DOE test 

procedure. Instead, Fujitsu is required 

to test and rate these products according 

to the alternate test procedure set forth 

in the waiver. 

The alternate test procedure 

prescribed in the August 2011 waiver 

was first prescribed in 2007, in response 

to two petitions for waiver from 

Mitsubishi Electric & Electronics USA, 

Inc. (Mitsubishi). The alternate test 

procedure was published on April 9, 

2007. 72 FR 17528, 72 FR 17533. Since 

then, DOE has prescribed the same 

alternate test procedure for other 

manufacturers of multi-split products. 

After DOE granted a waiver to 

Mitsubishi for its multi-split products, 

the Air-Conditioning and Refrigeration 

Institute (ARI) (now AHRI) formed a 

committee to develop a general testing 

protocol for VRF systems. The 

committee developed AHRI 1230, which 

has been incorporated into ASHRAE 

90.1–2010. AHRI 1230 establishes a test 

procedure for VRF multi-split air 

conditioners and heat pumps. The test 

procedure covers matched VRF systems 

with cooling and heating capacities for 

outdoor units between 12,000 Btu/h and 

300,000 Btu/h. DOE is assessing AHRI 

1230 with respect to the requirements 

EPCA specifies for test procedures, and 

will make a preliminary determination 

regarding AHRI 1230 in a future 

rulemaking. 

AHRI 1230 is very similar to the 

alternate test procedure in the 

commercial multi-split waivers that 

DOE previously granted to Fujitsu and 

other manufacturers, but contains minor 

differences in the definition of tested 

combination, the testing of ducted 

versus non-ducted indoor units, and the 

line lengths. These differences are 

discussed below. 

First, the definition of ‘‘tested 

combination’’ in AHRI 1230 and the 

alternate test procedure prescribed by 

DOE in the earlier multi-split waivers 

are identical in all relevant respects, 

except that AHRI 1230 allows the use of 

up to 12 indoor units, as opposed to 

eight in the earlier alternate test 

procedure. 

Second, ANSI/AHRI 1230–2010 

requires an additional test. The earlier 

alternate test procedure 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. In AHRI 1230, 

similar to the residential test procedure 


erowe on DSK2VPTVN1PROD with NOTICES
13106 Federal Register / Vol. 77, No. 43 / Monday, March 5, 2012 / Notices 

set forth in 10 CFR part 430, subpart B, 

appendix M, multi-split manufacturers 

must also test two or more combinations 

of indoor units with each outdoor unit. 

The first system combination is tested 

using only non-ducted indoor units that 

meet the definition of a tested 

combination. The rating given to any 

untested multi-split system combination 

having the same outdoor unit and all 

non-ducted indoor units is set equal to 

the rating of the tested system having all 

non-ducted indoor units. The second 

system combination is tested using only 

ducted indoor units that meet the 

definition of a tested combination. The 

rating given to any untested multi-split 

system combination having the same 

outdoor unit and all ducted indoor units 

is set equal to the rating of the tested 

system having all ducted indoor units. 

The rating given to any untested multisplit system combination having the 

same outdoor unit and a mix of nonducted and ducted indoor units is set 

equal to the average of the ratings for the 

two required tested combinations. 

Third, the alternate test procedure 

and AHRI 1230 require the use of 

different line lengths for the cooling 

refrigerant line when performing 

efficiency testing. AHRI 1230 requires 

longer line lengths depending on the 

type and capacity of the connected 

indoor units. 

As DOE continues to evaluate AHRI 

1230, DOE has granted manufacturers’ 

request to use AHRI 1230 as the 

alternate test procedure for testing and 

rating their commercial multi-split 

products subject to a waiver of DOE’s 

test procedures. DOE prescribed AHRI 

1230 as the alternate test procedure for 

those Daikin AC (Americas) Inc. 

(‘‘Daikin’’) commercial multi-split 

products that have cooling capacities 

less than or equal to 300,000 Btu/h (76 

FR 34685, June 14, 2011), for Carrier 

Corporation’s (‘‘Carrier’’) commercial 

multi-split products (76 FR 31591, June 

2, 2011), and for Mitsubishi’s 

commercial multi-split products that 

have cooling capacities less than or 

equal to 300,000 Btu/h. (76 FR 65710, 

Oct. 24, 2011) 

Consistent with the requests of these 

other manufacturers, Fujitsu requested 

that DOE permit it to use AHRI 1230 as 

the alternate test procedure to test and 

rate its Airstage V–II equipment. AHRI 

1230 covers multi-split products with 

cooling and heating capacities for 

outdoor units from 12,000 Btu/h to 

300,000 Btu/h. Fujitsu’s Airstage V–II 

product line includes outdoor units 

with capacities from 72,000 Btu/h to 

288,000 Btu/h. Thus, similar to DOE’s 

decision in the Daikin and Mitsubishi 

waivers, Fujitsu requested that DOE 

prescribe AHRI 1230 as the alternate test 

procedure for its Airstage V–II 

equipment. DOE has determined that 

use of AHRI 1230 is appropriate for 

Fujitsu’s Airstage V–II products for the 

reasons set forth below. 

As discussed above, AHRI 1230 

requires longer line lengths for the 

cooling refrigerant line during testing, 

depending on the type and capacity of 

the connected indoor units. This 

difference affects the resulting energy 

efficiency determination. Testing 

according to AHRI 1230’s requirements 

provides a more conservative estimate 

of energy consumption because it 

results in a slightly lower efficiency 

rating than testing according to the 

alternate test procedure. 

In addition, the definition of ‘‘tested 

combination’’ in AHRI 1230 is more 

appropriate for these Fujitsu products 

than the definition in the current 

alternate test procedure. As defined in 

the current alternate test procedures for 

Fujitsu’s products, the ‘‘tested 

combination’’ of a VRF system is 

defined as one outdoor unit matched 

with between two and eight indoor 

units. The indoor units must represent 

the highest sales model family, and, 

together, must have a nominal cooling 

capacity that is between 95% and 105% 

of the nominal cooling capacity of the 

outdoor unit. Due to the relative size of 

some of Fujitsu’s outdoor units and 

indoor units, permitting the matching of 

up to only eight indoor units may not 

be sufficient to comply with the 

requirement that the indoor units must 

have a combined capacity that is 

between 95% and 105% of the nominal 

cooling capacity of the outdoor unit. 

AHRI 1230, as revised in March 2011, 

permits the use of up to twelve indoor 

units. DOE is evaluating AHRI 1230 to 

determine whether to incorporate it into 

the applicable test procedure. 

For the reasons discussed above, and 

because DOE’s prescribed AHRI 1230 as 

the alternate test procedure in waivers 

granted to Carrier, Daikin and 

Mitsubishi, DOE determined that 

allowing Fujitsu to use AHRI 1230 

instead of the alternate test procedure 

provided in the August 2011 waiver is 

in the public interest. 

Conclusion 

After careful consideration of all the 

materials submitted by Fujitsu, it is 

ordered that: 

(A) Fujitsu is not required to test the 

equipment listed in the Airstage V–II 

waiver granted August 12, 2011 (76 FR 

50204) according to the test procedure 

for commercial package air conditioners 

and heat pumps prescribed by DOE at 

10 CFR 431.96 (ARI Standard 340/360– 

2004 (incorporated by reference in 10 

CFR 431.95(b)(2)-(3)), but instead shall 

use as the alternate test procedure 

ANSI/AHRI 1230–2010. 

(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: The basic 

model of a variable refrigerant flow 

system (‘‘VRF system’’) used as a tested 

combination shall consist of an outdoor 

unit (an outdoor unit can include 

multiple outdoor units that have been 

manifolded into a single refrigeration 

system, with a specific model number) 

that is matched with between 2 and 12 

indoor units; for multi-split systems, 

each of these indoor units shall be 

designed for individual operation. 

(C) Representations. In making 

representations about the energy 

efficiency of its Airstage V–II multi-split 

equipment, for compliance, marketing, 

or other purposes, Fujitsu must fairly 

disclose the results of testing under the 

DOE test procedure in a manner 

consistent with the provisions outlined 

below: 

(i) For multi-split combinations tested 

in accordance with this alternate test 

procedure, Fujitsu may make 

representations based on those test 

results. 

(ii) For multi-split combinations that 

are not tested, Fujitsu may make 

representations based on the testing 

results for the tested combination and 

that are consistent with one of the 

following methods: 

(a) Rating of non-tested combinations 

according to an alternative rating 

method approved by DOE; or 

(b) Rating of non-tested combinations 

having the same outdoor unit and all 

non-ducted indoor units shall be set 

equal to the rating of the tested system 

having all non-ducted indoor units. 

(c) Rating of non-tested combinations 

having the same outdoor unit and all 

ducted indoor units shall be set equal to 

the rating of the tested system having all 

ducted indoor units. To be considered a 

ducted unit, the indoor unit must be 

intended to be connected with ductwork 

and have a rated external static pressure 

capability greater than zero (0). 

(d) Rating of non-tested combinations 

having the same outdoor unit and a mix 

of non-ducted and ducted indoor units 

shall be set equal to the average of the 

ratings for the two required tested 

combinations. 

(D) This waiver amendment shall 

remain in effect from the date this 

Decision and Order is issued, consistent 


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Federal Register / Vol. 77, No. 43 / Monday, March 5, 2012 / Notices 13107 

1For editorial reasons, upon codification in the 

U.S. Code, Parts B and C were re-designated as Parts 

A and A–1, respectively. 

with the provisions of 10 CFR 

431.401(g). 

Issued in Washington, DC, on February 28, 

2012. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2012–5227 Filed 3–2–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CAC–039] 

Notice of Petition for Waiver of Fujitsu 

General Limited From the Department 

of Energy Commercial Package Air 

Conditioner and Heat Pump Test 

Procedure, and Grant of Interim Waiver 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of petition for waiver, 

notice of grant of interim waiver, and 

request for comments. 

SUMMARY: This notice announces receipt 

of and publishes the Fujitsu General 

Limited (FUJITSU) petition for waiver 

and application for interim waiver 

(hereafter, ‘‘petition’’) from the U.S. 

Department of Energy (DOE) test 

procedure for determining the energy 

consumption of commercial package airsource central air conditioners and heat 

pumps. Today’s notice also grants an 

interim waiver of the commercial 

package air-source central air 

conditioners and heat pumps test 

procedure. Through this notice, DOE 

also solicits comments with respect to 

the FUJITSU petition. 

DATES: DOE will accept comments, data, 

and information with respect to the 

FUJITSU petition until April 4, 2012. 

ADDRESSES: You may submit comments, 

identified by case number CAC–039, by 

any of the following methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: 

AS_Waiver_Requests@ee.doe.gov. 

Include ‘‘Case No. CAC–039’’ in the 

subject line of the message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J/ 

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, U.S. Department of Energy, 

Building Technologies Program, 950 

L’Enfant Plaza SW., Suite 600, 

Washington, DC 20024. Please submit 

one signed original paper copy. 

Docket: For access to the docket to 

review the background documents 

relevant to this matter, you may visit the 

U.S. Department of Energy, 950 L’Enfant 

Plaza SW., Washington, DC 20024; (202) 

586–2945, between 9 a.m. and 4 p.m., 

Monday through Friday, except on 

Federal holidays. Available documents 

include the following items: (1) This 

notice; (2) public comments received; 

(3) the petition for waiver and 

application for interim waiver; and (4) 

prior DOE rulemakings and waivers 

regarding similar central air 

conditioning and heat pump equipment. 

Please call Ms. Brenda Edwards at the 

above telephone number for additional 

information. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Bryan Berringer, U.S. Department of 

Energy, Building Technologies Program, 

Mail Stop EE–2J, Forrestal Building, 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–0371. Email: 

AS_Waiver_Requests@ee.doe.gov. 

Ms. Elizabeth Kohl, U.S. Department 

of Energy, Office of the General Counsel, 

Mail Stop GC–71, Forrestal Building, 

1000 Independence Avenue SW., 

Washington, DC 20585–0103. 

Telephone: (202) 586–7796. Email: 

mailto:Elizabeth.Kohl@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Authority 

Title III, Part B of the Energy Policy 

and Conservation Act of 1975 (EPCA), 

Public Law 94–163 (42 U.S.C. 6291– 

6309, as codified), established the 

Energy Conservation Program for 

Consumer Products Other Than 

Automobiles, a program covering most 

major household appliances. Part B 

includes definitions, test procedures, 

labeling provisions, energy conservation 

standards, and the authority to require 

information and reports from 

manufacturers. Further, Part B 

authorizes the Secretary of Energy to 

prescribe test procedures that are 

reasonably designed to produce results 

which measure energy efficiency, 

energy use, or estimated operating costs, 

and that are not unduly burdensome to 

conduct. (42 U.S.C. 6293(b)(3)). Part C of 

Title III provides for a similar energy 

efficiency program titled ‘‘Certain 

Industrial Equipment,’’ which includes 

commercial package central air 

conditioners and heat pumps and other 

types of commercial equipment.1 (42 

U.S.C. 6311–6317). 

For commercial package airconditioning and heating equipment, 

EPCA provides that ‘‘the test procedures 

shall be those generally accepted 

industry testing procedures or rating 

procedures developed or recognized by 

the Air-Conditioning and Refrigeration 

Institute [ARI] or by the American 

Society of Heating, Refrigerating and 

Air-Conditioning Engineers [ASHRAE], 

as referenced in ASHRAE/IES Standard 

90.1 and in effect on June 30, 1992.’’ (42 

U.S.C. 6314(a)(4)(A)) Under 42 U.S.C. 

6314(a)(4)(B), if the industry test 

procedure for commercial package airconditioning and heating equipment is 

amended, EPCA directs the Secretary to 

amend the corresponding DOE test 

procedure unless the Secretary 

determines, by rule and based on clear 

and convincing evidence, that such a 

modified test procedure does not meet 

the statutory criteria set forth in 42 

U.S.C. 6314(a)(2) and (3). 

On December 8, 2006, DOE published 

a final rule adopting test procedures for 

commercial package air-conditioning 

and heating equipment, effective 

January 8, 2007. 71 FR 71340. Table 1 

to Title 10 of the Code of Federal 

Regulations (10 CFR) 431.96 directs 

manufacturers of commercial package 

air conditioning and heating equipment 

to use the appropriate procedure when 

measuring energy efficiency of those 

products. For commercial package airsource equipment with capacities 

between 65,000 and 760,000 Btu/h, ARI 

Standard 340/360–2004 is the 

applicable test procedure. 

The regulations set forth in 10 CFR 

431.401 contain provisions that enable a 

person to seek a waiver from the test 

procedure requirements for covered 

products. The Assistant Secretary for 

Energy Efficiency and Renewable 

Energy (the Assistant Secretary) will 

grant a waiver if it is determined that 

the basic model for which the petition 

for waiver was submitted contains one 

or more design characteristics that 

prevents testing of the basic model 

according to the prescribed test 

procedures, or if 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(f)(4). Petitioners must include 

in their petition any alternate test 

procedures known to the petitioner to 

evaluate the basic model in a manner 


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