```

[Federal Register Volume 76, Number 248 (Tuesday, December 27, 2011)]
[Notices]
[Pages 80916-80920]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33172]

-----------------------------------------------------------------------

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)
---------------------------------------------------------------------------

    \1\ For editorial reasons, upon codification in the U.S. Code, 
Parts B and C were re-designated Parts A and A-1, respectively.
---------------------------------------------------------------------------

    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.

[[Page 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 air-conditioning and heating equipment, EPCA 
provides that ``the test procedures shall be those generally accepted 
industry testing procedures or rating procedures developed or 
recognized by the Air-Conditioning and Refrigeration Institute [ARI] or 
by the American Society of Heating, Refrigerating and Air-Conditioning 
Engineers [ASHRAE], as referenced in ASHRAE/IES 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 
air-conditioning 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 air-source 
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 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 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 water-source 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

[[Page 80918]]

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 
multi-split 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:

----------------------------------------------------------------------------------------------------------------
                                                                                                Cooling/Heating
                 Type                           Model                    Description                [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         9,500/10,500
                                                                 pump.
                                       AVXCMH040CE............  4-Way Ceiling Cassette Heat        12,000/13,500
                                                                 pump.
                                       AVXCMH052CE............  4-Way Ceiling Cassette Heat        18,000/20,000
                                                                 pump.
                                       AVXCMH060CE............  4-Way Ceiling Cassette Heat        20,000/23,000
                                                                 pump.
                                       AVXC4H052CE............  4-Way Ceiling Cassette Heat        18,000/20,000
                                                                 pump.
                                       AVXC4H072CE............  4-Way Ceiling Cassette Heat        24,000/27,000
                                                                 pump.
                                       AVXC4H100CE............  4-Way Ceiling Cassette Heat        30,000/34,000
                                                                 pump.
                                       AVXC4H110CE............  4-Way Ceiling Cassette Heat        36,000/40,000
                                                                 pump.
                                       AVXC4H145CE............  4-Way Ceiling Cassette Heat        48,000/54,000
                                                                 pump.
                                       AVXDSH020CE............  Built-in Slim Duct(Low               6,000/7,000
                                                                 pressure).
                                       AVXDSH032CE............  Built-in Slim Duct(Low              9,500/10,500
                                                                 pressure).
                                       AVXDSH040CE............  Built-in Slim Duct(Low             12,000/13,500
                                                                 pressure).
                                       AVXDSH052CE............  Built-in Slim Duct(Low             18,000/20,000
                                                                 pressure).
                                       AVXDSH072CE............  Built-in Slim Duct(Low             24,000/27,000
                                                                 pressure).
                                       AVXDSH100CE............  Built-in Slim Duct(Low             30,000/34,000
                                                                 pressure).
                                       AVXDSH110CE............  Built-in Slim Duct(Low             36,000/40,000
                                                                 pressure).
                                       AVXDSH145CE............  Built-in Slim Duct(Low             48,000/54,000
                                                                 pressure).
                                       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          7,500/8,500
                                                                 pump.
                                       AVXCSH032CE............  1-Way Ceiling Cassette Heat         9,500/10,500
                                                                 pump.
                                       AVXCSH040CE............  1-Way Ceiling Cassette Heat        12,000/13,500
                                                                 pump.
----------------------------------------------------------------------------------------------------------------

    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

[[Page 80919]]

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) Multi-Split 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 h 
and 340/360-2004 for commercial package air conditioner and heating 
equipment with capacities >=65,000 Btu/h and 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 highest-sales-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:

----------------------------------------------------------------------------------------------------------------
                                                                                                Cooling/Heating
                 Type                           Model                    Description                [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

[[Page 80920]]

 
                                       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         9,500/10,500
                                                                 pump.
                                       AVXCMH040CE............  4-Way Ceiling Cassette Heat        12,000/13,500
                                                                 pump.
                                       AVXCMH052CE............  4-Way Ceiling Cassette Heat        18,000/20,000
                                                                 pump.
                                       AVXCMH060CE............  4-Way Ceiling Cassette Heat        20,000/23,000
                                                                 pump.
                                       AVXC4H052CE............  4-Way Ceiling Cassette Heat        18,000/20,000
                                                                 pump.
                                       AVXC4H072CE............  4-Way Ceiling Cassette Heat        24,000/27,000
                                                                 pump.
                                       AVXC4H100CE............  4-Way Ceiling Cassette Heat        30,000/34,000
                                                                 pump.
                                       AVXC4H110CE............  4-Way Ceiling Cassette Heat        36,000/40,000
                                                                 pump.
                                       AVXC4H145CE............  4-Way Ceiling Cassette Heat        48,000/54,000
                                                                 pump.
                                       AVXDSH020CE............  Built-in Slim Duct (Low              6,000/7,000
                                                                 pressure).
                                       AVXDSH032CE............  Built-in Slim Duct (Low             9,500/10,500
                                                                 pressure).
                                       AVXDSH040CE............  Built-in Slim Duct (Low            12,000/13,500
                                                                 pressure).
                                       AVXDSH052CE............  Built-in Slim Duct (Low            18,000/20,000
                                                                 pressure).
                                       AVXDSH072CE............  Built-in Slim Duct (Low            24,000/27,000
                                                                 pressure).
                                       AVXDSH100CE............  Built-in Slim Duct (Low            30,000/34,000
                                                                 pressure).
                                       AVXDSH110CE............  Built-in Slim Duct (Low            36,000/40,000
                                                                 pressure).
                                       AVXDSH145CE............  Built-in Slim Duct (Low            48,000/54,000
                                                                 pressure).
                                       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          7,500/8,500
                                                                 pump.
                                       AVXCSH032CE............  1-Way Ceiling Cassette Heat         9,500/10,500
                                                                 pump.
                                       AVXCSH040CE............  1-Way Ceiling Cassette Heat        12,000/13,500
                                                                 pump.
----------------------------------------------------------------------------------------------------------------

    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
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