68752 Federal Register / Vol. 77, No. 222 / Friday, November 16, 2012 / Notices 

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Dated: November 9, 2012. 

John Q. Easton, 

Director, Institute of Education Sciences. 

[FR Doc. 2012–27845 Filed 11–15–12; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

Notice of Intent To Grant Exclusive 

License Between National Energy 

Technology Laboratory and Corrosion 

Solutions 

AGENCY: National Energy Technology 

Laboratory, Department of Energy. 

ACTION: Notice of Intent To Grant 

Exclusive License. 

SUMMARY: This notice is issued in 

accordance with 35 U.S.C. 209(c)(1) and 

37 CFR 404.7(a)(1)(i). The National 

Energy Technology Laboratory (NETL) 

hereby gives notice of its intent to grant 

an exclusive license to practice the 

inventions described and claimed in 

U.S. Patent No 7,553,517, issued June 

30, 2009, entitled ‘‘Method of applying 

a cerium diffusion coating to a metallic 

alloy,’’ to Corrosion Solutions having its 

principal place of business in Eugene, 

Oregon. The inventions are owned by 

the United States of America as 

represented by the Department of 

Energy (DOE). The prospective 

exclusive license will comply with the 

terms and conditions of 35 U.S.C. 209 

and 37 CFR 404.7. 

DATES: Written comments or 

nonexclusive license applications are to 

be received at the address listed below 

no later than December 3, 2012. 

Objections submitted in response to this 

notice will not be made available to the 

public for inspection and, to the extent 

permitted by law, will not be released 

under the Freedom of Information Act, 

5 U.S.C. 552. 

ADDRESSES: Objections relating to the 

prospective exclusive license may be 

submitted to the Office of Chief 

Counsel, National Energy Technology 

Laboratory, P.O. Box 10940, Pittsburgh, 

PA 15236, or via facsimile at (412) 386– 

5949. 

FOR FURTHER INFORMATION CONTACT: 

Jessica Sosenko, Technology Transfer 

Program Manager, U.S. Department of 

Energy, National Energy Technology 

Laboratory, P.O. Box 10940, Pittsburgh, 

PA 15236; Telephone (412) 386–7417; 

Email: jessica.sosenko@netl.doe.gov. 

SUPPLEMENTARY INFORMATION: Section 

209(c) gives DOE with authority to grant 

exclusive or partially exclusive licenses 

in department-owned inventions, where 

a determination can be made, among 

other things, that the desired practical 

application of the invention has not 

been achieved, or is not likely 

expeditiously to be achieved, under a 

nonexclusive license. The statute and 

implementing regulations (37 CFR 404) 

require that the necessary 

determinations be made after public 

notice and opportunity for filing written 

objections. 

Corrosion Solutions, a new small 

business, has applied for an exclusive 

license to practice the inventions and 

has a plan for commercialization of the 

invention. DOE intends to grant the 

license, upon a final determination in 

accordance with 35 U.S.C. 209(c), 

unless, within 15 days of publication of 

this notice, NETL’s Office of Chief 

Counsel (contact information listed 

above) receives in writing any of the 

following, together with the supporting 

documents: 

(i) A statement from any person setting 

forth reasons why it would not be in the best 

interest of the United States to grant the 

proposed license; or 

(ii) An application for a nonexclusive 

license to the invention, in which the 

applicant states that it already has brought 

the invention to practical application or is 

likely to bring the invention to practical 

application expeditiously. 

The proposed license would be exclusive, 

subject to a license and other rights retained 

by the U.S. Government, and subject to a 

negotiated royalty. DOE will review all 

timely written responses to this notice and 

will grant the license if, after expiration of 

the 15-day notice period and after 

consideration of any written responses to this 

notice, a determination is made in 

accordance with Section 209(c) that the 

license is in the public interest. 

Dated: October 26, 2012. 

Anthony V. Cugini, 

Director, National Energy Technology 

Laboratory. 

[FR Doc. 2012–27928 Filed 11–15–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CAC–039] 

Decision and Order Granting a Waiver 

Granted to Fujitsu General Limited 

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: The U.S. Department of 

Energy (DOE) gives notice of the 

decision and order (Case No. CAC–039) 

that grants Fujitsu General Limited 

(Fujitsu) a waiver from the DOE 

commercial package air-source central 

air conditioners and heat pumps test 

procedures for determining the energy 

consumption set forth in its petition for 

waiver. Under today’s decision and 

order, Fujitsu shall be required to test 

and rate its AIRSTAGE V–II multi-split 

heat pump with a capacity of 264,000 

Btu/h, and specified compatible indoor 

units using American National 

Standards Institute (ANSI)/Airconditioning, Heating and Refrigeration 

Institute (AHRI) Standard 1230, as 

adopted in DOE’s final rule dated May 

16, 2012. 

DATES: This Decision and Order is 

effective November 16, 2012 through 

May 12, 2013. 

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. 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: 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 grants Fujitsu a waiver for 

the Airstage V–II multi-split equipment 

specified in its waiver submitted on 

December 16, 2011. Fujitsu must test 

and rate this equipment using ANSI/ 

AHRI 1230, as adopted in DOE’s final 

rule dated May 16, 2012 (77 FR 28928), 

as the alternative test procedure. DOE’s 

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Federal Register / Vol. 77, No. 222 / Friday, November 16, 2012 / Notices 68753 

1For editorial reasons, upon codification in the 

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

final rule specifies use of ANSI/AHRI 

1230, but omits sections 5.1.2 and 6.6. 

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. 

Issued in Washington, DC, on November 9, 

2012. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

Decision and Order 

In the Matter of: Fujitsu General 

Limited (Fujitsu) (Case No. CAC–039). 

I. Background and Authority 

Title III, Part C of the Energy Policy 

and Conservation Act of 1975 (EPCA), 

Pub. L. 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)) 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). (42 U.S.C. 

6314(a)(4)(B)) 

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 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 

specified basic model of Fujitsu 

AIRSTAGE V–II multi-split 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. Fujitsu 

requested that DOE allow it to test and 

rate its Airstage V–II multi-split heat 

pump with a capacity of 264,000 Btu/h, 

and specified compatible indoor units 

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). 

On May 16, 2012, DOE published a 

final rule (77 FR 28928) adopting 

American Society of Heating, 

Refrigerating, and Air-Conditioning 

Engineers (ASHRAE) Standard 90.1– 

2010 (ASHRAE final rule). The 

ASHRAE final rule incorporated by 

reference ANSI/AHRI 1230–2010 but 

omits sections 5.1.2 and 6.6 for the 

products addressed in this waiver 

request. The rule was effective on July 

16, 2012 and requires use of the test 

procedure on or after May 13, 2013. 

This decision and order (D&O) requires 

Fujitsu to use ANSI/AHRI 1230–2010 as 

addressed in the DOE’s May 16, 2012 

final rule (77 FR 28928) to test and rate 

specified models in order to be 

consistent with future test procedure 

requirements. 

II. Fujitsu’s Petition for Waiver: 

Assertions and Determinations 

In its December 16, 2011 petition, 

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 

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68754 Federal Register / Vol. 77, No. 222 / Friday, November 16, 2012 / Notices 

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 is prescribed. 

For the reasons discussed above, and 

because DOE prescribed ANSI/AHRI 

1230 as the alternate test procedure in 

waivers granted to other manufacturers 

(including the grant of Fujitsu’s interim 

waiver request (77 FR 13107, Mar. 5, 

2012)), DOE determined that the 

equipment specified in Fujitsu’s 

December 16, 2011 petition contains 

design characteristics that prevent 

testing according to the DOE test 

procedure, and that allowing Fujitsu to 

use as an alternate test procedure ANSI/ 

AHRI 1230, as adopted in DOE’s final 

rule dated May 16, 2012 (77 FR 28928), 

addresses these testing difficulties. 

Consultations With Other Agencies 

DOE consulted with the Federal Trade 

Commission (FTC) staff concerning the 

Fujitsu petition for waiver. The FTC 

staff did not have any objections to 

granting a waiver to Fujitsu. 

III. Conclusion 

After careful consideration of all the 

material that was submitted by Fujitsu 

and consultation with the FTC staff, it 

is ordered that: 

(1) The petition for waiver submitted 

by Fujitsu (Case No. CAC–039) is hereby 

granted as set forth in the following 

paragraphs. 

(2) Fujitsu shall be required to test 

and rate the following basic model 

groups according to the alternate test 

procedure set forth in paragraph (3) of 

this section. 

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, 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 

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 

(3) Fujitsu shall not be required to test 

the products listed in paragraph (2) of 

this section 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 as 

adopted in DOE’s final rule dated May 

16, 2012 (77 FR 28928). 

(4) 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. 

(5) This waiver amendment shall 

remain in effect from the date this 

Decision and Order is issued, consistent 

with the provisions of 10 CFR 

431.401(g). Compliance with the 

ASHRAE final rule, (77 FR 28928, May 

16, 2012), is required as of May 13, 

2013. Therefore, this Decision and 

Order is valid through May 12, 2013. 

Beginning on May 13, 2013, all 

manufacturers must use the ASHRAE 

procedures to determine the energy use 

of this type of equipment. 

Issued in Washington, DC, on November 9, 

2012. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2012–27927 Filed 11–15–12; 8:45 am] 

BILLING CODE 6450–01–P 

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