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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13108 Federal Register / Vol. 77, No. 43 / Monday, March 5, 2012 / Notices 

representative of its energy 

consumption. 10 CFR 430.401(b)(1)(iii). 

The Assistant Secretary may grant the 

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 430.401(g). 

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 

430.401(e)(3). An interim waiver 

remains in effect for 180 days or until 

DOE issues its determination on the 

petition for waiver, whichever is sooner. 

DOE may extend an interim waiver for 

an additional 180 days. 10 CFR 

430.401(e)(4). 

II. Application for Interim Waiver and 

Petition for Waiver 

On December 16, 2011, FUJITSU 

submitted a petition for waiver from the 

DOE test procedure applicable to 

commercial package air-source and 

water-source central air conditioners 

and heat pumps set forth in 10 CFR 

431.96. FUJITSU requested the waiver 

for the FUJITSU AIRSTAGE V–II multisplit heat pump with a capacity of 

264,000 Btu/h, and specified compatible 

indoor units. The applicable test 

procedure for these heat pumps is ARI 

340/360–2004. Manufacturers are 

directed to use these test procedures 

pursuant to Table 1 of 10 CFR 431.96. 

FUJITSU seeks a waiver from the 

applicable test procedures under 10 CFR 

431.96 on the grounds that its 

AIRSTAGE V–II multi-split heat pumps 

contain design characteristics that 

prevent testing according to the current 

DOE test procedures. Specifically, 

FUJITSU asserts that the two primary 

factors that prevent testing of its 

AIRSTAGE V–II multi-split variable 

speed products are the same factors 

stated in the waivers that DOE granted 

to Mitsubishi Electric & Electronics 

America USA, Inc. (Mitsubishi) and 

other manufacturers for similar lines of 

commercial multi-split air-conditioning 

systems: 

• Testing laboratories cannot test 

products with so many indoor units; 

and 

• There are too many possible 

combinations of indoor and outdoor 

units to test. See, e.g., 72 FR 17528 

(April 9, 2007) (Mitsubishi); 76 FR 

19069 (April 6, 2011) (Daikin); 76 FR 

19078 (April 6, 2011) (Mitsubishi); 76 

FR 31951 (June 2, 2011) (Carrier); 76 FR 

50204 (August 12, 2011) (Fujitsu 

General Limited); 76 FR 65710 (October 

24, 2011) (Mitsubishi). 

The AIRSTAGE V–II systems have 

operational characteristics similar to the 

commercial multi-split products 

manufactured by other manufacturers. 

As indicated above, DOE has already 

granted waivers for these products. The 

AIRSTAGE V–II system consists of 

multiple indoor units connected to an 

air-cooled outdoor unit. These multisplits are used in zoned systems where 

an outdoor or water-source unit can be 

connected with up to 45 separate indoor 

units, which need not be the same 

models. According to FUJITSU, the 

various indoor and outdoor models can 

be connected in a multitude of 

configurations, with many thousands of 

possible combinations. Consequently, 

FUJITSU requested that DOE grant a 

waiver from the applicable test 

procedures for its AIRSTAGE V–II 

product designs until a suitable test 

method can be prescribed. 

On December 16, 2011, FUJITSU also 

submitted an application for an interim 

waiver from the test procedures at 10 

CFR 431.96 for its AIRSTAGE V–II 

equipment. 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 of the petition for waiver. 

(10 CFR 430.401(e)(3)). 

DOE has determined that FUJITSU’s 

application for interim waiver does not 

provide sufficient market, equipment 

price, shipments, and other 

manufacturer impact information to 

permit DOE to evaluate the economic 

hardship FUJITSU might experience 

absent a favorable determination on its 

application for an interim waiver. DOE 

has determined, however, that it is 

likely FUJITSU’s petition will be 

granted, and that it is desirable for 

public policy reasons to grant FUJITSU 

relief pending a determination on the 

petition. DOE believes that it is likely 

FUJITSU’s petition will be granted 

because, as noted above, DOE has 

previously granted a number of waivers 

for similar product designs. The two 

principal reasons supporting the grant 

of the previous waivers also apply to 

FUJITSU’s AIRSTAGE V–II products: (1) 

test laboratories cannot test products 

with so many indoor units; and (2) it is 

impractical to test so many 

combinations of indoor units with each 

outdoor unit. DOE also believes that the 

energy efficiency of similar products 

should be tested and rated in the same 

manner. As a result, DOE grants an 

interim waiver to FUJITSU for the 

specified models of its AIRSTAGE V–II 

products. DOE also provides for the use 

of an alternative test procedure, ANSI/ 

AHRI–1230–2010 with Addendum 1. 

Therefore, it is ordered that: 

The application for interim waiver 

filed by FUJITSU is hereby granted for 

FUJITSU’s AIRSTAGE V–II multi-split 

heat pumps, subject to the specifications 

and conditions below. FUJITSU shall be 

required to test and rate the specified 

AIRSTAGE V–II commercial multi-split 

products according to the alternate test 

procedure as set forth in section IV, 

‘‘Alternate test procedure.’’ 

The interim waiver applies to the 

following basic model groups: 

Add-on system models (Module models) 

AOUA264RLBVG (AOUA72RLBV 

+ AOUA96RLBV 

+ AOUA96RLBV) 

With nominal cooling capacity of 264,000 

Btu/h. 

Compatible indoor units for the above 

listed outdoor units: 

Compact cassette: 

AUUA7RLAV, AUUA9RLAV, 

AUUA12RLAV, AUUA14RLAV, 

AUUA18RLAV and AUUA24RLAV with 

nominal cooling capacities of 7,500, 

9,500, 12,000, 14,000, 18,000 and 24,000 

Btu/hr respectively. 

Cassette: 

AUUB30RLAV and AUUB36RLAV with 

nominal cooling capacities of 30,000 and 

36,000 Btu/hr respectively. 

Slim cassette: 

AUUB18RLAV and AUUB24RLAV with 

nominal cooling capacities of 18,000 and 

24,000 Btu/hr respectively. 

Compact wall mounted: 

ASUA7RLAV, ASUE7RLAV, 

ASUA9RLAV, ASUE9RLAV, 

ASUA12RLAV, ASUE12RLAV, 

ASUA14RLAV and ASUE14RLAV with 

nominal cooling capacities of 7,500, 

7,500, 9,500, 9,500, 12,000, 12,000, 

14,000 and 14,000 Btu/hr respectively. 

Wall mounted: 

ASUB18RLAV and ASUB24RLAV with 

nominal cooling capacities of 18,000 and 

24,000 Btu/hr respectively. 

Floor/Ceiling (Universal): 

ABUA12RLAV, ABUA14RLAV, 

ABUA18RLAV and ABUA24RLAV with 

nominal cooling capacities of 12,000, 

14,000, 18,000, and 24,000 Btu/hr 

respectively. 

Ceiling: 

ABUA30RLAV and ABUA36RLAV with 

nominal cooling capacities of 30,000 and 

36,000 Btu/hr respectively. 

Slim duct: 

ARUL7RLAV, ARUL9RLAV, 

ARUL12RLAV, ARUL14RLAV and 

ARUL18RLAV with nominal cooling 

capacities of 7,500, 9,500, 12,000, 14,000 

and 18,000 Btu/hr respectively. 

Middle static pressure duct: 

ARUM24RLAV, ARUM30RLAV, 

ARUM36RLAV, ARUM48RLAV and 

ARUM54RLAV with nominal cooling 


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Federal Register / Vol. 77, No. 43 / Monday, March 5, 2012 / Notices 13109 

capacities of 24,000, 30,000, 36,000, 

48,000 and 54,000 Btu/hr respectively. 

High static pressure duct: 

ARUH36RLAV, ARUH48RLAV, 

ARUH54RLAV, ARUH60RLAV, 

ARUH72RLAV, ARUH90RLAV and 

ARUH96RLAV with nominal cooling 

capacities of 36,000, 48,000, 60,000, 

72,000, 90,000 and 96,000 Btu/hr 

respectively. 

DOE makes decisions on waivers and 

interim waivers for only those models 

specifically set out in the petition, not 

future models that may be manufactured 

by the petitioner. FUJITSU may submit 

a petition for waiver and request for 

grant of interim waiver, as appropriate, 

for additional models of commercial 

package air conditioners and heat 

pumps for which it seeks a waiver from 

the DOE test procedure. In addition, 

DOE notes that grant of an interim 

waiver or waiver does not release a 

petitioner from the certification 

requirements set forth at 10 CFR part 

429. 

III. Alternate Test Procedure 

In responses to two petitions for 

waiver from Mitsubishi, DOE specified 

an alternate test procedure to provide a 

basis from which Mitsubishi could test 

and make valid energy efficiency 

representations for its R410A CITY 

MULTI products, as well as for its R22 

multi-split products. Alternate test 

procedures related to the Mitsubishi 

petitions were published in the Federal 

Register on April 9, 2007. See 72 FR 

17528 and 72 FR 17533. For reasons 

similar to those published in these prior 

notices, DOE believes that an alternate 

test procedure is appropriate in this 

instance. 

DOE understands that existing testing 

facilities have limited ability to test 

multiple indoor units simultaneously. 

This limitation makes it impractical for 

manufacturers to test the large number 

of possible combinations of indoor and 

outdoor units for some variable 

refrigerant flow zoned systems. We 

further note that after DOE granted a 

waiver for Mitsubishi’s R22 multi-split 

products, ARI formed a committee to 

discuss testing issues and to develop a 

testing protocol for variable refrigerant 

flow systems. The committee has 

developed a test procedure that has 

been adopted by AHRI—‘‘ANSI/AHRI 

1230–2010: Performance Rating of 

Variable Refrigerant Flow (VRF) MultiSplit Air-Conditioning and Heat Pump 

Equipment’’ and is referenced in 

ASHRAE 90.1–2010. ANSI/AHRI 1230– 

2010 with Addendum 1 (dated February 

2011) allows the use of up to 12 indoor 

units (instead of 5 indoor units 

previously) in the configuration of a 

basic model. ANSI/AHRI 1230–2010 is 

consistent with the alternate test 

procedure established in the 

commercial multi-split waivers that 

DOE has granted to Mitsubishi and 

several other manufacturers. ANSI/ 

AHRI 1230–2010 uses a definition of 

‘‘tested combination’’ that is 

substantially the same as the definition 

in the alternate test procedure in those 

waivers. DOE prescribed ANSI/AHRI 

1230–2010 in decision and orders 

granted to Carrier Corporation (76 FR 

31951, June 2, 2011), Fujitsu General 

Limited (76 FR 50204, August 12, 2011), 

and Mitsubishi (76 FR 65710, October 

24, 2011). 

Therefore, as a condition for granting 

this interim waiver to FUJITSU, DOE 

requires the use of ANSI/AHRI–1230– 

2010 with Addendum 1 as the alternate 

test procedure. This alternate test 

procedure will allow FUJITSU to test 

and make energy efficiency 

representations for its AIRSTAGE V–II 

products. As stated above, DOE has 

applied this alternate test procedure to 

other waivers for similar residential and 

commercial central air conditioners and 

heat pumps manufactured by other 

manufacturers. 

IV. Summary and Request for 

Comments 

Through today’s notice, DOE 

announces receipt of FUJITSU’s petition 

for waiver from the test procedures that 

apply to commercial multi-split heat 

pump products and grants an interim 

waiver to FUJITSU. For the reasons 

articulated above, DOE also grants 

FUJITSU an interim waiver from those 

procedures. DOE is publishing 

FUJITSU’s petition for waiver in its 

entirety pursuant to 10 CFR 

430.401(b)(1)(iv). The petition contains 

no confidential information. 

Furthermore, today’s notice includes an 

alternate test procedure that FUJITSU is 

required to follow as a condition of its 

interim waiver. 

DOE solicits comments from 

interested parties on all aspects of the 

petition. Pursuant to 10 CFR 431.401(d), 

any person submitting written 

comments must also send a copy of 

such comments to the petitioner. The 

contact information for the petitioner is: 

Masami Kato, Manager, Engineering 

Attestation Administration Department, 

Air Conditioner Administration 

Division, FUJITSU General Limited, 

1116 Suenaga, Takatsu-ku, Kawasaki 

213–8502, Japan. All submissions 

received must include the agency name 

and case number for this proceeding. 

Submit electronic comments in 

WordPerfect, Microsoft Word, Portable 

Document Format (PDF), or text 

(American Standard Code for 

Information Interchange (ASCII)) file 

format and avoid the use of special 

characters or any form of encryption. 

Wherever possible, include the 

electronic signature of the author. DOE 

does not accept telefacsimiles (faxes). 

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. 

Issued in Washington, DC, on February 28, 

2012. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2012–5228 Filed 3–2–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. RF–021] 

Petition for Waiver of Samsung 

Electronics America, Inc. From the 

Department of Energy Residential 

Refrigerator and Refrigerator-Freezer 

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 Samsung 

Electronics America, Inc. (Samsung) 

petition for waiver (hereafter, 

‘‘petition’’) from specified portions of 

the U.S. Department of Energy (DOE) 

test procedure for determining the 

energy consumption of electric 

refrigerators and refrigerator-freezers. In 

its petition, Samsung provides an 

alternate test procedure that is the same 

as the test procedure DOE published in 

an interim final rule. DOE solicits 

comments, data, and information 

concerning Samsung’s petition and the 

suggested alternate test procedure. 

Today’s notice also grants Samsung an 

interim waiver from the electric 

refrigerator and refrigerator-freezer test 


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