### 68755 Federal Register / Vol. 77, No. 222 / Friday, November 16, 2012 / Notices

1 For editorial reasons, upon codification in the U.S. Code, Part C was re-designated Part A–1. **DEPARTMENT OF ENERGY**

**Office of Energy Efficiency and Renewable Energy** 

**[Case No. CAC–038]**

**Decision and Order Granting a Waiver Granted to Samsung Electronics**  **America, Inc. From the Department of Energy Commercial Package Air**  **Conditioner and Heat Pump Test**

**Procedures**

**AGENCY :**  Office of Energy Efficiency and Renewable Energy, Department of Energy.

**ACTION :**  Decision and Order.

**SUMMARY :**  The U.S. Department of Energy (DOE) gives notice of the decision and order (Case No. CAC–038) that grants Samsung Electronics America, Inc. (Samsung) 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, Samsung shall be required to test and rate its variable capacity Digital Variable Multi (DVM) (commercial) multi-split heat pumps with cooling capacities ranging from 72,000 Btu/h to 120,000 Btu/h, as specified in its petition using AmericanNational 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. Jennifer Tiedeman, U.S. Department of Energy, Office of the General Counsel, Mail Stop GC–71, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585– 0103. Telephone: (202) 287–6111.
Email: Jennifer.Tiedeman@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 Samsung a waiver for the variable capacity DVM (commercial) multi-split heat pump equipment specified in its waiver submitted on October 17, 2011. Samsung 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 final rule specifies use of ANSI/AHRI 1230, but omits sections 5.1.2 and 6.6.

Today’s decision requires Samsung 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: Samsung Electronics America, Inc. (Samsung) (Case No. CAC–038).

I. Background and Authority

Title III, Part C of the Energy Policy and Conservation Act of 1975 (EPCA), Public Law 94–163 (42 U.S.C. 6311– 6317), established the Energy Conservation Program for certain industrial equipment, which includes commercial air conditioning equipment,
the focus of this decision and order. 1 Part C specifically includes definitions (42 U.S.C. 6311), test procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C. 6315), energy conservation standards (42 U.S.C. 6313), and the authority to require information and reports from manufacturers (42 U.S.C. 6316). With respect to test procedures, Part C authorizes the Secretary of Energy (the Secretary) to prescribe test procedures that are reasonably designed to produce results that measure energy efficiency, energy use, and estimated annual operating costs, and that are not unduly burdensome to conduct. (42 U.S.C. 6314(a)(2))

For commercial package airconditioning and heating equipment, EPCA provides that ‘‘the test procedures shall be those generally accepted industry testing procedures or rating procedures developed or recognized by the Air-Conditioning and Refrigeration Institute [ARI] or by the American Society of Heating, Refrigerating and Air-Conditioning Engineers [ASHRAE],
as referenced in ASHRAE/IES Standard 90.1 and in effect on June 30, 1992.’’ (42 U.S.C. 6314(a)(4)(A)) If the industry testprocedure 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 thisequipment. 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 October 17, 2011, Samsung 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. Samsung requested the waiver for the specified basic model of Samsung’s variable capacity Digital Variable Multi (DVM) (commercial) multi-split heat pumps with cooling capacities ranging from 72,000 Btu/h to


### 68756 Federal Register / Vol. 77, No. 222 / Friday, November 16, 2012 / Notices

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. Samsung requested that

DOE allow it to test and rate its DVM multi-split heat pumps with cooling capacities ranging from 72,000 Btu/h to 120,000 Btu/h according to the

American National Standards Institute (ANSI)/Air-conditioning, Heating and Refrigeration Institute (AHRI) Standard 1230–2010: Performance Rating ofVariable Refrigerant Flow (VRF) MultiSplit Air-Conditioning and Heat Pump Equipment (AHRI 1230).

On May 16, 2012, DOE published a final rule (77 FR 28928) adopting certain revised efficiency standards and test procedures provided in 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 it 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 Samsung 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. Samsung’s Petition for Waiver:
Assertions and Determinations

In its October 17, 2011 petition, 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 zonedsystems 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.

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 Samsung’s interim waiver request (76 FR 80916, Dec. 27, 2011), DOE determined that the equipment specified in Samsung’s October 17, 2011 petition contains design characteristics that prevent testing according to the DOE test procedure, and that allowing Samsung 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 Samsung petition for waiver. The FTC staff did not have any objections to granting a waiver to Samsung.

III. Conclusion

After careful consideration of all the material that was submitted by Samsung and consultation with the FTC staff, it
is ordered that:

(1) The petition for waiver submitted by the Samsung (Case No. CAC–038) is hereby granted as set forth in the paragraphs below.

(2) Samsung 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.

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 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


### 68757 Federal Register / Vol. 77, No. 222 / Friday, November 16, 2012 / Notices

Type Model Description Cooling/heating [Btu/h]

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

(3) Samsung 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 DVM multi-split equipment, for compliance, marketing, or other purposes, Samsung 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, Samsung may make representations based on those test
results.

(ii) For multi-split combinations that are not tested, Samsung 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 beginning on May 13, 2013. Therefore, this D&O is valid through May 12, 2013. Beginning on May 13, 2013, all manufacturers must use the amended DOE test 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. 2012–27919 Filed 11–15–12; 8:45 am]

**BILLING CODE 6450–01–P DEPARTMENT OF ENERGY** 

**Federal Energy Regulatory**
**Commission**

**[Project Nos. P–13404–002, P–13405–002, P–13406–002, P–13407–002, P–13408–002,**  **P–13411–002, and P–13412–002]**

**Clean River Power MR–1, LLC; Clean River Power MR–2, LLC; Clean River**  **Power MR–3, LLC; Clean River Power MR–5, LLC; Clean River Power MR–6,**  **LLC; Clean River Power MR–7, LLC; Clean River Power MR–8, LLC; Notice**  **of Applications Tendered for Filing With the Commission and Soliciting**  **Additional Study Requests**

a. Type of Applications: Original Major Licenses.

b. Project Nos.: 13404–002, 13405–
002, 13406–002, 13407–002, 13408–002, 13411–002, and 13412–002.

c. Dated Filed: October 31, 2012. d. Applicants: Clean River Power MR–1, LLC; Clean River Power MR–2, LLC; Clean River Power MR–3, LLC; Clean River Power MR–5, LLC; Clean River Power MR–6, LLC; Clean River Power MR–7, LLC; and Clean River Power MR–8, LLC (Clean River Power),
subsidiaries of Free Flow Power Corporation.

e. Names of Projects: Beverly Lock and Dam Project, P–13404–002; Devola Lock and Dam Project, P–13405–002;
Malta/McConnelsville Lock and Dam Project, P–13406–002; Lowell Lock and Dam Project, P–13407–002; Philo Lock and Dam Project, P–13408–002; Rokeby Lock and Dam Project, P–13411–002; and Zanesville Lock and Dam Project,

P–13412–002.

f. Location: At existing locks and dams formally owned and operated by the U.S. Army Corps of Engineers but now owned and operated by the State of