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

1For 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 American 

National Standards Institute (ANSI)/Airconditioning, Heating and Refrigeration 

Institute (AHRI) Standard 1230, as 

adopted in DOE’s final rule dated May 

16, 2012. 

DATES: This Decision and Order is 

effective November 16, 2012 through 

May 12, 2013. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Bryan Berringer, U.S. Department of 

Energy, Building Technologies Program, 

Mailstop EE–2J, 1000 Independence 

Avenue SW., Washington, DC 20585– 

0121. Telephone: (202) 586–0371. 

Email: Bryan.Berringer@ee.doe.gov. 

Ms. 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 test 

procedure for commercial package airconditioning and heating equipment is 

amended, EPCA directs the Secretary to 

amend the corresponding DOE test 

procedure unless the Secretary 

determines, by rule and based on clear 

and convincing evidence, that such a 

modified test procedure does not meet 

the statutory criteria set forth in 42 

U.S.C. 6314(a)(2) and (3). (42 U.S.C. 

6314(a)(4)(B)) 

On December 8, 2006, DOE published 

a final rule adopting test procedures for 

commercial package air-conditioning 

and heating equipment, effective 

January 8, 2007. 71 FR 71340. Table 1 

to Title 10 of the Code of Federal 

Regulations (10 CFR) 431.96 directs 

manufacturers of commercial package 

air conditioning and heating equipment 

to use the appropriate procedure when 

measuring energy efficiency of this 

equipment. For commercial package airsource equipment with capacities 

between 65,000 and 760,000 Btu/h, ARI 

Standard 340/360–2004 is the 

applicable test procedure. 

DOE’s regulations for covered 

products and equipment permit a 

person to seek a waiver from the test 

procedure requirements for covered 

commercial equipment if at least one of 

the following conditions is met: (1) The 

petitioner’s basic model contains one or 

more design characteristics that prevent 

testing according to the prescribed test 

procedures; or (2) the prescribed test 

procedures may evaluate the basic 

model in a manner so unrepresentative 

of its true energy consumption as to 

provide materially inaccurate 

comparative data. 10 CFR 431.401(a)(1). 

Petitioners must include in their 

petition any alternate test procedures 

known to the petitioner to evaluate the 

basic model in a manner representative 

of its energy consumption. 10 CFR 

431.401(b)(1)(iii). The Assistant 

Secretary for Energy Efficiency and 

Renewable Energy (Assistant Secretary) 

may grant a waiver subject to 

conditions, including adherence to 

alternate test procedures. 10 CFR 

431.401(f)(4). Waivers remain in effect 

according to the provisions of 10 CFR 

431.401(g). 

On 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 

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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 of 

Variable 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 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. 

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 

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

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 

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