80916 Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Notices 

1For editorial reasons, upon codification in the 

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

A and A–1, respectively. 

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 

3 p.m. Call to Order by Co-Deputy 

Designated Federal Officers 

(DDFO), Ed Worth and Lee Bishop 

Welcome and Introductions, Ralph 

Phelps 

3:15 p.m. Environmental Cleanup 

Priorities 

3:45 p.m. Current Status of Los Alamos 

National Laboratory Cleanup 

4:15 p.m. TRU Campaign 

5 p.m. Consent Order Update 

6 p.m. Public Comment Period, Ralph 

Phelps 

7 p.m. Adjourn, Lee Bishop and Ed 

Worth 

Public Participation: The EM SSAB, 

Northern New Mexico, 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 Menice Santistevan in 

advance of the meeting at the telephone 

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 Menice Santistevan at the 

address or telephone number listed 

above. Requests must be received 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. This notice is being 

published less than 15 days prior to the 

meeting day because critical 

information related to the board’s work 

needs to be conveyed in a timely 

manner. 

Minutes: Minutes will be available by 

writing or calling Menice Santistevan at 

the address or phone number listed 

above. Minutes and other Board 

documents are on the Internet at: 

http://www.nnmcab.org/. 

Issued at Washington, DC, on December 22, 

2011. 

LaTanya R. Butler, 

Acting Deputy Committee Management 

Officer. 

[FR Doc. 2011–33291 Filed 12–23–11; 8:45 am] 

BILLING CODE 6405–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CAC–038] 

Publication of the Petition for Waiver 

From Samsung Electronics America, 

Inc. and Granting of the Interim Waiver 

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: Notice of petition for waiver, 

granting of application for interim 

waiver, and request for comments. 

SUMMARY: This notice announces receipt 

of and publishes a petition for waiver 

from Samsung Electronics America, Inc. 

(Samsung). The petition for waiver 

(hereafter ‘‘petition’’) requests a waiver 

from the U.S. Department of Energy 

(DOE) test procedure applicable to 

commercial package air-source central 

air conditioners and heat pumps. The 

petition is specific to the variable 

capacity Digital Variable Multi (DVM) 

(commercial) multi-split heat pump 

models specified in Samsung’s petition. 

Through this document, DOE: (1) 

Solicits comments, data, and 

information with respect to the 

Samsung petition; and (2) announces 

the grant of an interim waiver to 

Samsung from the existing DOE test 

procedure for the subject commercial 

multi-split air conditioners and heat 

pumps. 

DATES: DOE will accept comments, data, 

and information with respect to the 

Samsung petition until, but no later 

than January 26, 2012. 

ADDRESSES: You may submit comments, 

identified by case number ‘‘CAC–038,’’ 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: 

AS_Waiver_Requests@ee.doe.gov. 

Include the case number [CAC–038] 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: Dr. 

Michael G. Raymond, U.S. Department 

of Energy, Building Technologies 

Program, Mail Stop EE–2J, Forrestal 

Building, 1000 Independence Avenue 

SW., Washington, DC 20585–0121. 

Telephone: (202) 586–9611. 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: 

Elizabeth.Kohl@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Authority 

Title III of the Energy Policy and 

Conservation Act (EPCA) sets forth a 

variety of provisions concerning energy 

efficiency, including Part B of Title III, 

which establishes the ‘‘Energy 

Conservation Program for Consumer 

Products Other Than Automobiles.’’ (42 

U.S.C. 6291–6309) Part C of Title III 

provides for a similar energy efficiency 

program titled ‘‘Certain Industrial 

Equipment,’’ which includes 

commercial air conditioning equipment, 

package boilers, water heaters, and other 

types of commercial equipment.1 (42 

U.S.C. 6311–6317) 

Today’s notice involves commercial 

equipment under Part C. Part C 

specifically includes definitions (42 

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


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Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Notices 80917 

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 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. 

DOE’s regulations for covered 

products 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 

pursuant to the provisions of 10 CFR 

431.401(g). 

The waiver process also permits 

parties submitting a petition for waiver 

to file an application for interim waiver 

of the applicable test procedure 

requirements. 10 CFR 431.401(a)(2). The 

Assistant Secretary will grant an interim 

waiver request if it is determined that 

the applicant will experience economic 

hardship if the application for interim 

waiver is denied, if it appears likely that 

the petition for waiver will be granted, 

and/or the Assistant Secretary 

determines that it would be desirable for 

public policy reasons to grant 

immediate relief pending a 

determination on the petition for 

waiver. 10 CFR 431.401(e)(3). An 

interim waiver remains in effect for 180 

days or until DOE issues its 

determination on the petition for 

waiver, whichever occurs first. It may be 

extended by DOE for an additional 180 

days. 10 CFR 431.401(e)(4). 

II. Petition for Waiver 

On October 17, 2011, Samsung filed a 

petition for waiver from the test 

procedures at 10 CFR 431.96 applicable 

to the specified basic models of its 

commercial package air-source and 

water-source central air conditioners 

and heat pumps, as well as an 

application for interim waiver. 

Samsung’s petition requested a waiver 

for the Samsung DVM multi-split heat 

pumps with capacities ranging from 

72,000 Btu/h to 120,000 Btu/h. 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. 

Samsung seeks a waiver from the 

applicable test procedures under 10 CFR 

431.96 on the grounds that its DVM 

multi-split heat pumps contain design 

characteristics that prevent testing 

according to the current DOE test 

procedures. Specifically, Samsung 

asserts that the two primary factors that 

prevent testing of its DVM 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 multisplit 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 DVM 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 DVM system 

consists of multiple indoor units 

connected to an air-cooled outdoor unit. 

These multi-splits are used in zoned 

systems where an outdoor or watersource unit can be connected with up to 

10 separate indoor units, which need 

not be the same models. According to 

Samsung, the various indoor and 

outdoor models can be connected in a 

multitude of configurations, with many 

thousands of possible combinations. 

Consequently, Samsung requested that 

DOE grant a waiver from the applicable 

test procedures for its DVM product 

designs until a suitable test method can 

be prescribed. 

III. Application for and Grant of 

Interim Waiver 

On October 17, 2011, Samsung also 

submitted an application for an interim 

waiver from the test procedures at 10 

CFR 431.96 for its DVM equipment. 

DOE determined that Samsung’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 Samsung might experience 

absent a favorable determination on its 

application for an interim waiver. DOE 

understands, however, that if it did not 

issue an interim waiver, Samsung’s 

products would not be tested and rated 

for energy consumption in the same 

manner as equivalent products for 

which DOE previously granted waivers. 

Furthermore, DOE has determined that 

it appears likely that Samsung’s petition 

for waiver will be granted and that is 

desirable for public policy reasons to 

grant Samsung immediate relief pending 

a determination on the petition for 

waiver. DOE believes that it is likely 

Samsung’s petition for waiver for the 

new DVM multi-split models will be 


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80918 Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Notices 

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 Samsung’s DVM 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. In addition, DOE believes 

that similar products should be tested 

and rated for energy consumption on a 

comparable basis. For these same 

reasons, DOE also determined that it is 

desirable for public policy reasons to 

grant immediate relief pending a 

determination on the petition for 

waiver. 

Therefore, it is ordered that: 

The application for interim waiver 

filed by Samsung is hereby granted for 

Samsung’s DVM multi-split heat pumps, 

subject to the specifications and 

conditions below. 

1. Samsung shall not be required to 

test or rate its DVM commercial multisplit products on the basis of the 

existing test procedures under 10 CFR 

431.96, which incorporates by reference 

ARI 340/360–2004. 

2. Samsung shall be required to test 

and rate its DVM 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: 

Type Model Description Cooling/Heating 

[Btu/h] 

Outdoor .................................. RVXVHT075FE ..................... Condensing unit heat pump ................................................ 72,000/81,000 

Unit ......................................... RVXVHT100FE ..................... Condensing unit heat pump ................................................ 96,000/108,000 

RVXVHT125FE ..................... Condensing unit heat pump ................................................ 120,000/135,000 

RD075VRXFA ....................... Condensing unit heat pump ................................................ 72,000/81,000 

RD100VRXFA ....................... Condensing unit heat pump ................................................ 96,000/108,000 

RD125VRXFA ....................... Condensing unit heat pump ................................................ 120,000/135,000 

Indoor Unit .............................. AVXCMH032CE ................... 4-Way Ceiling Cassette Heat pump .................................... 9,500/10,500 

AVXCMH040CE ................... 4-Way Ceiling Cassette Heat pump .................................... 12,000/13,500 

AVXCMH052CE ................... 4-Way Ceiling Cassette Heat pump .................................... 18,000/20,000 

AVXCMH060CE ................... 4-Way Ceiling Cassette Heat pump .................................... 20,000/23,000 

AVXC4H052CE .................... 4-Way Ceiling Cassette Heat pump .................................... 18,000/20,000 

AVXC4H072CE .................... 4-Way Ceiling Cassette Heat pump .................................... 24,000/27,000 

AVXC4H100CE .................... 4-Way Ceiling Cassette Heat pump .................................... 30,000/34,000 

AVXC4H110CE .................... 4-Way Ceiling Cassette Heat pump .................................... 36,000/40,000 

AVXC4H145CE .................... 4-Way Ceiling Cassette Heat pump .................................... 48,000/54,000 

AVXDSH020CE .................... Built-in Slim Duct(Low pressure) ......................................... 6,000/7,000 

AVXDSH032CE .................... Built-in Slim Duct(Low pressure) ......................................... 9,500/10,500 

AVXDSH040CE .................... Built-in Slim Duct(Low pressure) ......................................... 12,000/13,500 

AVXDSH052CE .................... Built-in Slim Duct(Low pressure) ......................................... 18,000/20,000 

AVXDSH072CE .................... Built-in Slim Duct(Low pressure) ......................................... 24,000/27,000 

AVXDSH100CE .................... Built-in Slim Duct(Low pressure) ......................................... 30,000/34,000 

AVXDSH110CE .................... Built-in Slim Duct(Low pressure) ......................................... 36,000/40,000 

AVXDSH145CE .................... Built-in Slim Duct(Low pressure) ......................................... 48,000/54,000 

AVXDUH100CE .................... Built-in Duct(Mid pressure) .................................................. 30,000/34,000 

AVXDUH110CE .................... Built-in Duct(Mid pressure) .................................................. 36,000/40,000 

AVXDUH145CE .................... Built-in Duct(Mid pressure) .................................................. 48,000/54,000 

AVXWVH020CE ................... High Wall Mount Heat Pump ............................................... 6,000/7,000 

AVXWVH032CE ................... High Wall Mount Heat Pump ............................................... 9,500/10,500 

AVXWVH040CE ................... High Wall Mount Heat Pump ............................................... 12,000/13,500 

AVXWVH052CE ................... High Wall Mount Heat Pump ............................................... 18,000/20,000 

AVXWVH060CE ................... High Wall Mount Heat Pump ............................................... 20,000/23,000 

AVXWNH020CE ................... High Wall Mount Heat Pump ............................................... 6,000/7,000 

AVXWNH032CE ................... High Wall Mount Heat Pump ............................................... 9,500/10,500 

AVXWNH040CE ................... High Wall Mount Heat Pump ............................................... 12,000/13,500 

AVXWNH052CE ................... High Wall Mount Heat Pump ............................................... 18,000/20,000 

AVXWNH060CE ................... High Wall Mount Heat Pump ............................................... 20,000/23,000 

AVXCSH023CE .................... 1-Way Ceiling Cassette Heat pump .................................... 7,500/8,500 

AVXCSH032CE .................... 1-Way Ceiling Cassette Heat pump .................................... 9,500/10,500 

AVXCSH040CE .................... 1-Way Ceiling Cassette Heat pump .................................... 12,000/13,500 

This interim waiver is issued on the 

condition that the statements, 

representations, and documents 

provided by the petitioner are valid. 

DOE may revoke or modify this interim 

waiver at any time if it determines 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. 

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. Samsung 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. 

IV. 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 


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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 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 Samsung, DOE 

requires the use of ANSI/AHRI–1230– 

2010 with Addendum 1 as the alternate 

test procedure. This alternate test 

procedure will allow Samsung to test 

and make energy efficiency 

representations for its DVM 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. 

V. Summary and Request for Comments 

Through today’s notice, DOE 

announces receipt of the Samsung 

petition for waiver from the test 

procedures applicable to the DVM 

commercial multi-split heat pump 

products specified in Samsung’s 

petition. For the reasons articulated 

above, DOE also grants Samsung an 

interim waiver from those procedures. 

As part of this notice, DOE is publishing 

Samsung’s petition for waiver in its 

entirety. The petition contains no 

confidential information. Furthermore, 

today’s notice includes an alternate test 

procedure that Samsung is required to 

follow as a condition of its interim 

waiver. 

DOE is interested in receiving 

comments on the issues addressed in 

this notice. Pursuant to 10 CFR 

431.401(d), any person submitting 

written comments must also send a 

copy of such comments to the 

petitioner, pursuant to 10 CFR 

431.401(d). The contact information for 

the petitioner is: Michael Moss, Director 

of Corporate Environmental Affairs, 

Samsung Electronics America, Inc., 

18600 Broadwick Street, Rancho 

Dominguez, CA 90220. 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 December 

20, 2011. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

Englewood Cliffs, NJ 07632 

October 17, 2011 

Dr. Henry Kelly 

Energy Efficiency and Renewable Energy 

Department of Energy 

1000 Independence Avenue SW., 

Washington, DC 20585 

Re: Samsung Petition for Waiver and 

Application for Interim Waiver, DVM 

Air Conditioner and Heat Pumps 

Dear Assistant Secretary Kelly: 

Samsung Electronics America, on behalf of 

Samsung Electronics Co. (Samsung), 

respectfully submits this petition for interim 

waiver and application for waiver to allow 

Samsung to fairly evaluate its new line of 

DVM air conditioners and heat pumps. 

Under 10 CFR 431.401(a)(1), any interested 

person to submit a petition to waive for a 

particular basic model any requirement for 

commercial equipments, upon the grounds 

that either the basic model contains one or 

more design characteristics which prevent 

testing of the basic model according to the 

prescribed test procedures, or 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. 

Samsung originally submitted a petition for 

waiver and application for interim waiver for 

its DVM system on October 7, 2003, seeking 

relief from 10 CFR 430 based on the fact that 

the multitude of combinations of outdoor and 

indoor units makes it highly impractical for 

Samsung to test every single combination. 

For this reason, DOE granted Samsung the 

Interim Waiver on February 8, 2005. 

On December 8, 2006, the Department of 

Energy (DOE) published a final rule adopting 

ARI Standard 210/240–2003 for commercial 

package air conditioning and heating 

equipment with capacities <65,000 Btu/h and 

340/360–2004 for commercial package air 

conditioner and heating equipment with 

capacities ≥65,000 Btu/h and <240,000 

Btu/h. However, under these new test 

procedures, Samsung would still be required 

to test every single combination of its 

commercial DVM outdoor and indoor units. 

Based on DOE’s recognition that (1) there is 

a problem of being physically unable to test 

most of the complete systems in a laboratory; 

(2) there are difficulties associated with the 

regulatory requirement to test the highestsales-volume combination; and (3) there is 

the lack of a method for predicting the 

performance of untested combinations, DOE 

granted Samsung the waiver from having to 

test every single combination of its DVM 

system in 72 FR 71387, on December 17, 

2007. 

Since then, Samsung has further improved 

its DVM system, establishing new models not 

covered in the waiver published in 72 FR 

71387. Even though model numbers changed, 

the difficulty with testing the multitude of 

combination of Samsung’s DVM models 

remains; therefore, Samsung is seeking DOE’s 

granting of waiver and interim waiver for the 

following Samsung DVM models: 

Type Model Description Cooling/Heating 

[Btu/h] 

Outdoor Unit ........................... RVXVHT075FE ..................... Condensing unit heat pump ................................................ 72,000/81,000 

RVXVHT100FE ..................... Condensing unit heat pump ................................................ 96,000/108,000 

RVXVHT125FE ..................... Condensing unit heat pump ................................................ 120,000/135,000 


sroberts on DSK5SPTVN1PROD with NOTICES
80920 Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Notices 

Type Model Description Cooling/Heating 

[Btu/h] 

RD075VRXFA ....................... Condensing unit heat pump ................................................ 72,000/81,000 

RD100VRXFA ....................... Condensing unit heat pump ................................................ 96,000/108,000 

RD125VRXFA ....................... Condensing unit heat pump ................................................ 120,000/135,000 

Indoor Unit .............................. AVXCMH032CE ................... 4-Way Ceiling Cassette Heat pump .................................... 9,500/10,500 

AVXCMH040CE ................... 4-Way Ceiling Cassette Heat pump .................................... 12,000/13,500 

AVXCMH052CE ................... 4-Way Ceiling Cassette Heat pump .................................... 18,000/20,000 

AVXCMH060CE ................... 4-Way Ceiling Cassette Heat pump .................................... 20,000/23,000 

AVXC4H052CE .................... 4-Way Ceiling Cassette Heat pump .................................... 18,000/20,000 

AVXC4H072CE .................... 4-Way Ceiling Cassette Heat pump .................................... 24,000/27,000 

AVXC4H100CE .................... 4-Way Ceiling Cassette Heat pump .................................... 30,000/34,000 

AVXC4H110CE .................... 4-Way Ceiling Cassette Heat pump .................................... 36,000/40,000 

AVXC4H145CE .................... 4-Way Ceiling Cassette Heat pump .................................... 48,000/54,000 

AVXDSH020CE .................... Built-in Slim Duct (Low pressure) ........................................ 6,000/7,000 

AVXDSH032CE .................... Built-in Slim Duct (Low pressure) ........................................ 9,500/10,500 

AVXDSH040CE .................... Built-in Slim Duct (Low pressure) ........................................ 12,000/13,500 

AVXDSH052CE .................... Built-in Slim Duct (Low pressure) ........................................ 18,000/20,000 

AVXDSH072CE .................... Built-in Slim Duct (Low pressure) ........................................ 24,000/27,000 

AVXDSH100CE .................... Built-in Slim Duct (Low pressure) ........................................ 30,000/34,000 

AVXDSH110CE .................... Built-in Slim Duct (Low pressure) ........................................ 36,000/40,000 

AVXDSH145CE .................... Built-in Slim Duct (Low pressure) ........................................ 48,000/54,000 

AVXDUH100CE .................... Built-in Duct (Mid pressure) ................................................. 30,000/34,000 

AVXDUH110CE .................... Built-in Duct (Mid pressure) ................................................. 36,000/40,000 

AVXDUH145CE .................... Built-in Duct (Mid pressure) ................................................. 48,000/54,000 

AVXWVH020CE ................... High Wall Mount Heat Pump ............................................... 6,000/7,000 

AVXWVH032CE ................... High Wall Mount Heat Pump ............................................... 9,500/10,500 

AVXWVH040CE ................... High Wall Mount Heat Pump ............................................... 12,000/13,500 

AVXWVH052CE ................... High Wall Mount Heat Pump ............................................... 18,000/20,000 

AVXWVH060CE ................... High Wall Mount Heat Pump ............................................... 20,000/23,000 

AVXWNH020CE ................... High Wall Mount Heat Pump ............................................... 6,000/7,000 

AVXWNH032CE ................... High Wall Mount Heat Pump ............................................... 9,500/10,500 

AVXWNH040CE ................... High Wall Mount Heat Pump ............................................... 12,000/13,500 

AVXWNH052CE ................... High Wall Mount Heat Pump ............................................... 18,000/20,000 

AVXWNH060CE ................... High Wall Mount Heat Pump ............................................... 20,000/23,000 

AVXCSH023CE .................... 1-Way Ceiling Cassette Heat pump .................................... 7,500/8,500 

AVXCSH032CE .................... 1-Way Ceiling Cassette Heat pump .................................... 9,500/10,500 

AVXCSH040CE .................... 1-Way Ceiling Cassette Heat pump .................................... 12,000/13,500 

Each outdoor unit may be combined with 

up to ten different indoor units and each 

indoor unit may be independently turned on, 

off, standby, etc. depending on user-desired 

settings. With up to 33 different indoor units 

for the consumer to choose from and 

combined, and as evident in the chart above, 

there are thousands of different 

combinations, creating an extremely 

burdensome task for Samsung or any testing 

laboratory to evaluate all possible 

combinations. Being responsible to test every 

conceivable combination would place an 

unfair burden upon Samsung, while offering 

no added value for purpose of energy testing. 

Samsung’s new DVM system is very 

similar to Samsung’s old DVM system, which 

DOE had granted a waiver for in 72 FR 

71387. Until a final test procedure addressing 

commercial central air conditioners and heat 

pumps, similar to Samsung’s DVM systems, 

is prescribed, Samsung believes that the 

interim waiver as granted by the Department 

in 70 FR 9629 and waiver as granted by the 

Department in 72 FR 71387, be granted for 

Samsung’s new DVM system in order for 

Samsung to feasibly evaluate its new line of 

DVM central air conditioners and heat 

pumps. 

Sincerely, 

Michael Moss 

[FR Doc. 2011–33172 Filed 12–23–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. DW–006] 

Decision and Order Granting a Waiver 

to Miele, Inc. From the U.S. Department 

of Energy Residential Dishwasher Test 

Procedure 

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. DW–006) 

that grants to Miele, Inc. (Miele) a 

waiver from the DOE dishwasher test 

procedure for certain basic models that 

run on a 208 volt electrical supply. 

Under today’s decision and order, Miele 

shall be required to test and rate these 

dishwashers using an alternate test 

procedure that takes this supply voltage 

into account when measuring energy 

and water consumption. 

DATES: This Decision and Order is 

effective December 27, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Dr. Michael G. Raymond, U.S. 

Department of Energy, Building 

Technologies Program, Mail Stop EE– 

2J, Forrestal Building, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–9611. Email: 

Michael.Raymond@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: 

Elizabeth.Kohl@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: In 

accordance with Title 10 of the Code of 

Federal Regulations (10 CFR 430.27(l)), 

DOE gives notice of the issuance of its 

decision and order as set forth below. 

The decision and order grants Miele a 

waiver from the applicable residential 

dishwasher test procedure in 10 CFR 

part 430, subpart B, appendix C for 

certain basic models of dishwashers 

with a 208 volt supply voltage, provided 

that Miele tests and rates such products 

using the alternate test procedure 

described in this notice. 


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