Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Notices 31951 

to Mitsubishi Electric & Electronics USA, Inc. 

(Mitsubishi) and other manufacturers for 

similar lines of commercial multi-split 

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. 

Mitsubishi (69 FR 52660, August 27, 2004); 

Mitsubishi (72 FR 17528, April 9,2007); 

Samsung (72 FR 71387, Dec. 17, 2007); 

FUJITSU (72 FR 71383, Dec. 17, 2007); 

Daikin (73 FR 39680, July 10, 2008); Daikin 

(74 FR 15955, April 8, 2009); Daikin (74 FR 

16193, April 9, 2009); Daikin (74 FR 16373, 

April 10, 2009); Mitsubishi (74 FR 66311, 

66315, December 15, 2009); LG (74 FR66330, 

December 15, 2009); Daikin (75 FR 22581, 

April 29, 2010); Daikin (75 FR 25224, May 7, 

2010) and Sanyo (75 FR 41845, July 19, 2010) 

5. The Specific Requirements Sought To Be 

Waived 

FUJITSU seeks a waiver from the test 

procedures at 10 CFR 431.96 applicable to 

commercial package air source central air 

conditioners and heat pumps. 

Specially, the applicable test procedure of 

ARI 340/360–2004 for AIRSTAGE V–II 

products listed in Item 3. Identification of the 

particular basic models for which a waiver is 

requested. 

6. Identity of the Manufacturers of All Other 

Basic Models: 

The FUJITSU’s AIRSTAGE V–II systems 

incorporate similar design characteristics and 

configuration as those as VRF Multi-Split 

Systems being marketed in the United States 

by Mitsubishi Electric and Electronics USA 

Inc., Samsung Air Conditioning, Daikin AC 

(America), Inc., SANYO North America 

Corp., LG Electronics U.S.A., Inc. and Carrier 

Corp. 

7. Alternate Test Procedures 

FUJITSU requests that DOE adopt ANSI/ 

AHRI Standard 1230–2010, Performance 

Rating of Variable Refrigerant Flow (VRF) 

Multi-Split Air-Conditioning and Heat Pump 

Equipment Standard as an alternate test 

procedure. 

AHRI 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 which 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 incorporated 

into ANSI/ASHRAE/IES Standard 90.1–2010. 

In addition, ENERGY STAR has adopted 

AHRI 1230–2010 as test methods for Light 

Commercial Heating and Cooling Equipment. 

The commercial multi-split waivers that 

DOE has granted to Mitsubishi and several 

other manufacturers and the alternate test 

procedure set forth in those waivers are 

consistent with ANSI/AHRI 1230—2010.The 

waivers use a definition of ‘‘tested 

combination’’ that is substantially the same as 

the definition in ANSI/AHRI 1230—2010. 

Thus, DOE is considering prescribing ANSI/ 

AHRI 1230—2010 in the subsequent decision 

and order as the alternate test procedure for 

these waivers. 

Mitsubishi (76 FR 19078, April 6, 2011), 

Daikin(76 FR 19069, April 6, 2011) and 

Carrie (76 FR 19759, April 8, 2011). 

8. Application for Interim Waiver 

Pursuant to 10 CFR 431. 401(a)(2), 

FUJITSU also submits an Application for 

Interim Waiver of the applicable test 

procedure requirements for the same systems 

listed in item 3. Identification of the 

particular basic models for which a waiver is 

requested. The basis for Application for 

Interim Waiver is as follows: 

FUJITSU believes that it is likely FUJITSU 

petition for waiver for the AIRSTAGE V–II 

multi-split heat pump models will be granted 

because, as noted item 4. Design 

characteristics constituting the grounds for 

the petition, DOE has previously granted a 

number of waivers for similar product 

designs based on two principal reasons 

below; 

(1) Test laboratories cannot test equipment 

with so many indoor units; and 

(2) It is impractical to test so many 

combinations of indoor units with each 

outdoor unit. 

FUJITSU would make it clear that delay in 

receiving a waiver are providing our 

competitor Mitsubishi Electric and 

Electronics USA Inc., Samsung Air 

Conditioning, Daikin AC (America), Inc., 

SANYO North America Corp., LG Electronics 

U.S.A., Inc. and Carrier Corp. with an unfair 

advantage over our entrance into the market 

place by not offering a uniform waiver and 

they show preferential treatment and make 

us competitive disadvantage in marketing. 

As FUJITSU’sAIRSTAGE V–II products are 

quite similar to these Mitsubishi CITY 

MULTI products and other manufacturers 

products, there is no particular reason for 

DOE to hesitate a waiver to our case. 

9. Confidential Information 

FUJITSU makes no request to DOE 

regarding the confidential treatment of any 

information contained in this Petition for 

Waiver and Application for interim Waiver. 

10. Conclusion 

FUJITSU respectfully requests DOE to 

grant its Petition for Waiver and Application 

for Interim Waiver of the applicable test 

procedure to FUJITSU’s AIRSTAGE V–II 

multi-split heat pumps. 

If we can provide further information, or if 

it would be helpful to discuss any of this 

matter further, please contact Mr. Roy 

Kuczera, Senior Vice President, FUJITSU 

General America, Inc. 353 Route 46 W., 

Fairfield, N.J. 07004 U.S.A. Phone (973) 575– 

0380 or undersigned. 

Yours very truly, 

Masami Kato, 

Manager, Engineering Attestation 

Administration Department Air Conditioner 

Administration Division. 

FUJITSU General Limited, 

1116 Suenaga, Takatsu-ku, Kawasaki 213– 

8502, Japan, Phone +81(44)861–7638. 

[FR Doc. 2011–13659 Filed 6–1–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CAC–031] 

Energy Conservation Program for 

Certain Commercial and Industrial 

Equipment: Decision and Order 

Granting a Waiver to Carrier 

Corporation 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: This notice publishes the U.S. 

Department of Energy’s (DOE) Decision 

and Order in Case No. CAC–031, which 

grants Carrier Corporation (Carrier) a 

waiver from the existing DOE test 

procedures applicable to commercial 

package air-source central air 

conditioners and heat pumps. The 

waiver is specific to the Carrier Super 

Modular Multi-System (SMMSi) 

variable refrigerant flow (VRF) multisplit commercial heat pumps. As a 

condition of this waiver, Carrier must 

use the alternate test procedure set forth 

in this notice to test and rate its SMMSi 

VRF multi-split commercial heat 

pumps. 

DATES: This Decision and Order is 

effective June 2, 2011. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Michael G. Raymond, U.S. Department 

of Energy, Building Technologies 

Program, Mailstop EE–2J, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–9611. E-mail: 

Michael.Raymond@ee.doe.gov. 

Ms. Elizabeth Kohl, U.S. Department 

of Energy, Office of General Counsel, 

Mail Stop GC–71, 1000 Independence 

Avenue, SW., Washington, DC 20585– 

0103, (202) 586–7796; E-mail: 

Elizabeth.Kohl@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: In 

accordance with Title 10 of the Code of 

Federal Regulations (10 CFR) 

431.401(f)(4), DOE provides notice of 

the issuance of the Decision and Order 

set forth below. In this Decision and 

Order, DOE grants Carrier a waiver from 

the existing DOE commercial package 

air conditioner and heat pump test 

procedures for its SMMSi VRF multisplit products. Carrier must use the 

alternate test procedure provided in this 

notice (American National Standards 

Institute/Air-Conditioning, Heating and 

Refrigeration Institute (ANSI/AHRI) 


emcdonald on DSK2BSOYB1PROD with NOTICES
31952 Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Notices 

1For editorial reasons, upon codification in the 

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

Standard 1230–2010, ‘‘Performance 

Rating of Variable Refrigerant Flow 

(VRF) Multi-Split Air-Conditioning and 

Heat Pump Equipment’’) to test and rate 

the specified models from its SMMSi 

VRF multi-split commercial heat pumps 

identified below. The cooling capacities 

of Carrier’s SMMSi VRF multi-split heat 

pumps at issue in the waiver petition 

filed by Carrier range from 72,000 Btu/ 

h to 220,000 Btu/h. All of this 

equipment is covered by ANSI/AHRI 

Standard 1230–2010, which includes 

units with capacities from 12,000 Btu/ 

h to 300,000 Btu/h. 

Today’s decision prohibits Carrier 

from making any representations 

concerning the energy efficiency of 

these products unless the product has 

been tested consistent with the 

provisions and restrictions in the 

alternate test procedure set forth in the 

Decision and Order below, and the 

representations fairly disclose the test 

results. (42 U.S.C. 6314(d)) Distributors, 

retailers, and private labelers are held to 

the same standard when making 

representations regarding the energy 

efficiency of these products. Id. 

Issued in Washington, DC, on May 26, 

2011. 

Kathleen Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Office of Technology 

Development, Energy Efficiency and 

Renewable Energy. 

Decision and Order 

In the Matter of: Carrier Corporation 

(Carrier) (Case No. CAC–031). 

Background 

Title III, Part C of the Energy Policy 

and Conservation Act of 1975 (EPCA), 

Pub. L. 94–163 (42 U.S.C. 6311–6317, as 

codified) established the Energy 

Conservation Program for Certain 

Industrial Equipment, a program 

covering certain industrial equipment, 

which includes the SMMSi VRF 

commercial multi-split heat pumps that 

are the focus of this notice.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)) Under 42 U.S.C. 

6314(a)(4)(B), the statute further directs 

the Secretary to amend the test 

procedure for a covered commercial 

product if the industry test procedure is 

amended, 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. For 

commercial air-source heat pumps, DOE 

adopted ARI Standard 340/360–2004. 

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. The 

cooling capacities of Carrier’s SMMSi 

VRF multi-split heat pumps in its 

waiver petition range from 72,000 Btu/ 

h to 220,000 Btu/h. The current test 

procedure for this equipment is ARI 

Standard 340/360–2004, which includes 

units with capacities greater than 65,000 

Btu/hour. 

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). 

On February 16, 2011, Carrier filed a 

petition for waiver from the test 

procedure at 10 CFR 431.96 applicable 

to commercial package air source 

central air conditioners and heat pumps, 

as well as an application for interim 

waiver. The capacities of Carrier’s 

SMMSi VRF multi-split heat pumps 

range from 72,000 Btu/h to 220,000 Btu/ 

h. The applicable test procedure for 

commercial air-source heat pumps is 

ARI 340/360–2004. Manufacturers are 

directed to use these test procedures 

pursuant to Table 1 of 10 CFR 431.96. 

Carrier seeks a waiver from the 

applicable test procedures under 10 CFR 

431.96 on the grounds that its SMMSi 

VRF multi-split heat pumps contain 

design characteristics that prevent 

testing according to the current DOE test 

procedures. Specifically, Carrier asserts 

that the two primary factors that prevent 

testing of its multi-split variable speed 

products are the same factors stated in 

the waivers that DOE granted to 

Mitsubishi Electric & Electronics 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) (Carrier); 76 FR 

19078 (April 6, 2011) (Mitsubishi). 


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Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Notices 31953 

On April 8, 2011, DOE published 

Carrier’s petition for waiver in the 

Federal Register, seeking public 

comment pursuant to 10 CFR 

431.401(b)(1)(iv), and granted the 

application for interim waiver. 76 FR 

19759. DOE received one comment on 

the Carrier petition, from Carrier, 

requesting the adoption of ANSI/AHRI 

1230–2010 as the alternate test 

procedure. 

Assertions and Determinations 

Carrier’s Petition for Waiver 

Carrier seeks a waiver from the DOE 

test procedures for this product class on 

the grounds that its SMMSi VRF multisplit commercial heat pumps contain 

design characteristics that prevent them 

from being tested using the current DOE 

test procedures. As stated above, Carrier 

asserts that the two primary factors that 

prevent testing of multi-split variable 

speed products are the same factors 

stated in the waivers that DOE granted 

to Mitsubishi, Fujitsu General Ltd. 

(Fujitsu), Samsung Air Conditioning 

(Samsung), Daikin, Sanyo, and LG for 

similar lines of commercial multi-split 

air-conditioning systems: (1) Testing 

laboratories cannot test products with so 

many indoor units; and (2) there are too 

many possible combinations of indoor 

and outdoor unit to test. 

The SMMSi systems have operational 

characteristics similar to the commercial 

multi-split products manufactured by 

Mitsubishi, Samsung, LG, Sanyo, 

Fujitsu and Daikin. As indicated above, 

DOE has already granted waivers for 

these products. The SMMSi system 

consists of multiple indoor units 

connected to an air-cooled outdoor unit. 

The indoor units for these products are 

available in a number of potential 

configurations, including the following: 

4-way cassette, compact 4-way cassette, 

high-wall, slim ducted, medium static 

ducted, high static ducted, and ceiling. 

There are 7 unique outdoor models and 

43 unique indoor models. A single 

outdoor model can be connected to up 

to 38 indoor units. According to Carrier, 

the various indoor and outdoor models 

can be connected in a multitude of 

configurations, with many thousands of 

possible combinations. Consequently, 

Carrier requested that DOE grant a 

waiver from the applicable test 

procedures for its SMMSi product 

designs until a suitable test method can 

be prescribed. 

In responses to two petitions for 

waiver from Mitsubishi, DOE specified 

an alternate test procedure to provide a 

basis upon which Mitsubishi could test 

and make valid energy efficiency 

representations for its R410A CITY 

MULTI equipment, as well as for its R22 

multi-split equipment. 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. The Carrier 

SMMSi VRF systems have operational 

characteristics similar to the commercial 

multi-split products manufactured by 

Mitsubishi, Samsung, Fujitsu, Daikin, 

LG, and Sanyo. DOE has granted 

waivers for these products with a 

similar alternate test procedure 

prescribed for Mitsubishi. For reasons 

similar to those published in these prior 

notices, DOE believes that an alternate 

test procedure is appropriate in this 

instance. 

We 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 which has 

been adopted by the Air-Conditioning, 

Heating and Refrigeration Institute 

(AHRI) and the ‘‘American National 

Standards Institute (ANSI), ANSI/AHRI 

1230—2010: Performance Rating of 

Variable Refrigerant Flow (VRF) MultiSplit Air-Conditioning and Heat Pump 

Equipment.’’ This test procedure has 

been incorporated into ASHRAE 90.1— 

2010. DOE is currently assessing AHRI 

1230–2010, with respect to the 

requirements for test procedures 

specified by EPCA (42 U.S.C. 

6314(a)(4)(B)), and will provide a 

preliminary determination regarding 

those test procedures in a future notice 

of proposed rulemaking. 

Carrier’s petition proposed that DOE 

apply ANSI/AHRI Standard 1230–2010 

as the alternate test procedure to apply 

to its SMMSi VRF multi-split heat pump 

equipment as a condition of its 

requested waiver. As stated above, the 

only comment received by DOE 

regarding the Carrier petition was from 

Carrier, requesting the adoption of 

ANSI/AHRI 1230–2010 as the alternate 

test procedure. The alternate test 

procedure in the commercial multi-split 

waivers that DOE granted to Mitsubishi 

and the other manufacturers listed 

above is similar to ANSI/AHRI 1230– 

2010. 

DOE issues today’s Decision and 

Order granting Carrier a test procedure 

waiver for its commercial SMMSi VRF 

multi-split heat pumps. As a condition 

of this waiver, Carrier must use ANSI/ 

AHRI 1230–2010 as the alternate test 

procedure. 

Alternate Test Procedure 

The alternate test procedure 

prescribed by DOE in earlier multi-split 

waivers, including the interim waiver 

granted to Carrier in response to the 

current petition, consisted of a 

definition of a ‘‘tested combination’’ and 

a prescription for representations. 

ANSI/AHRI 1230–2010 also includes a 

definition of ‘‘tested combination,’’ and 

the two definitions are identical in all 

relevant respects. 

The earlier alternate test procedure 

provides for efficiency rating of a nontested combination in one of two ways: 

(1) At an energy efficiency level 

determined using a DOE-approved 

alternative rating method; or (2) at the 

efficiency level of the tested 

combination utilizing the same outdoor 

unit. ANSI/AHRI 1230–2010 requires an 

additional test and in this respect is 

similar to the residential test procedure 

set forth in 10 CFR part 430, subpart B, 

appendix M. Multi-split manufacturers 

must test two or more combinations of 

indoor units with each outdoor unit. 

The first system combination is tested 

using only non-ducted indoor units that 

meet the definition of a tested 

combination. The rating given to any 

untested multi-split system combination 

having the same outdoor unit and all 

non-ducted indoor units is set equal to 

the rating of the tested system having all 

non-ducted indoor units. The second 

system combination is tested using only 

ducted indoor units that meet the 

definition of a tested combination. The 

rating given to any untested multi-split 

system combination having the same 

outdoor unit and all ducted indoor units 

is set equal to the rating of the tested 

system having all ducted indoor units. 

The rating given to any untested multisplit system combination having the 

same outdoor unit and a mix of nonducted and ducted indoor units is set 

equal to the average of the ratings for the 

two required tested combinations. 

With regard to the laboratory testing 

of commercial products, some of the 

difficulties associated with the existing 

test procedure are avoided by the 

alternate test procedure’s requirements 

for choosing the indoor units to be used 

in the manufacturer-specified tested 

combination. For example, in addition 

to limiting the number of indoor units, 

another requirement is that all the 

indoor units must be subjected the same 

minimum external static pressure. This 

requirement enables the test lab to 

manifold the outlets from each indoor 

unit into a common plenum that 

supplies air to a single airflow 

measuring apparatus. This eliminates 

situations in which some of the indoor 

units are ducted and some are nonducted. Without this requirement, the 

laboratory must evaluate the capacity of 

a subgroup of indoor coils separately 


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and then sum the separate capacities to 

obtain the overall system capacity. 

Measuring capacity in this way would 

require that the test laboratory be 

equipped with multiple airflow 

measuring apparatuses. It is unlikely 

that any test laboratory would be 

equipped with the necessary number of 

such apparatuses. Alternatively, the test 

laboratory could connect its one airflow 

measuring apparatus to one or more 

common indoor units until the 

contribution of each indoor unit had 

been measured. However, that approach 

would be so time-consuming as to be 

impractical. 

For the reasons discussed above, DOE 

believes Carrier’s SMMSi VRF multisplit heat pumps cannot be tested using 

the procedure prescribed in 10 CFR 

431.96 (ARI Standard 340/360–2004) 

and incorporated by reference in DOE’s 

regulations at 10 CFR 431.95(b)(2)–(3). 

After careful consideration, DOE has 

decided to prescribe ANSI/AHRI 1230– 

2010 as the alternate test procedure for 

Carrier’s commercial multi-split 

products. 

Consultations With Other Agencies 

DOE consulted with the Federal Trade 

Commission (FTC) staff concerning the 

Carrier petition for waiver. The FTC 

staff did not have any objections to 

issuing a waiver to Carrier. 

Conclusion 

After careful consideration of all the 

materials submitted by Carrier, the 

absence of any comments, and 

consultation with the FTC staff, it is 

ordered that: 

(1) The petition for waiver filed by 

Carrier (Case No. CAC–031) is hereby 

granted as set forth in the paragraphs 

below. 

(2) Carrier shall not be required to test 

or rate its SMMSi VRF multi-split heat 

pump models listed below on the basis 

of the test procedures cited in 10 CFR 

431.96, specifically ARI Standard 340/ 

360–2004 (incorporated by reference in 

10 CFR 431.95(b)(2–3)). Instead, it shall 

be required to test and rate such 

products according to the alternate test 

procedure as set forth in paragraph (3). 

Standard model outdoor units: 

MMY–MAP0724HT9UL, with a capacity 

of 72,000 Btu/hr 

MMY–MAP0964HT9UL, with a capacity 

of 96,000 Btu/hr 

MMY–MAP1144HT9UL, with a capacity 

of 114,000 Btu/hr 

MMY–AP1444HT9UL, with a capacity 

of 144,000 Btu/hr 

MMY–AP1684HT9UL, with a capacity 

of 168,000 Btu/hr 

MMY–AP1924HT9UL, with a capacity 

of 192,000 Btu/hr 

MMY–AP2284HT9UL, with a capacity 

of 220,000 Btu/hr 

Indoor units, whose capacities range 

from 7,000 to 48,000 Btu/hr that are 

compatible with the outdoor units listed 

above: 

4-way cassette 

MMU–AP0182H2UL, MMU– 

AP0212H2UL, MMU– 

AP0242H2UL, MMU– 

AP0302H2UL, MMU– 

AP0362H2UL, and MMU– 

AP0422H2UL 

Compact 4-way cassette 

MMU–AP0071MH2UL, MMU– 

AP0091MH2UL, MMU– 

AP0121MH2UL, MMU– 

AP0151MH2UL, and MMU– 

AP0181MH2UL 

Ceiling 

MMC–AP0181H2UL, MMC– 

AP0241H2UL, MMC–AP0361H2UL, 

and MMC–AP0421H2UL 

High-wall 

MMK–AP0073H2UL, MMK– 

AP0093H2UL, MMK–AP0123H2UL, 

MMK–AP0153H2UL, MMK– 

AP0183H2UL, and MMK– 

AP0243H2UL 

Slim ducted 

MMD–AP0071SPH2UL, MMD– 

AP0091SPH2UL, MMD– 

AP0121SPH2UL, MMD– 

AP0151SPH2UL, and MMD– 

AP0181SPH2UL 

Medium static ducted 

MMD–AP0071BH2UL, MMD– 

AP0091BH2UL, MMD– 

AP0121BH2UL, MMD– 

AP0151BH2UL, MMD– 

AP0181BH2UL, MMD– 

AP0211BH2UL, MMD– 

AP0241BH2UL, MMD– 

AP0301BH2UL, MMD– 

AP0361BH2UL, MMD– 

AP0421BH2UL, and MMD– 

AP0481BH2UL 

High static ducted 

MMD–AP0151H2UL, MMD– 

AP0181H2UL, MMD–AP0241H2UL, 

MMD–AP0301H2UL, MMD– 

AP0361H2UL, and MMD– 

AP0481H2UL 

(3) Alternate test procedure. Carrier is 

not required to test the products listed 

in paragraph (2) above 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 

the alternate test procedure ANSI/AHRI 

1230–2010. 

(4) This waiver shall remain in effect 

from the date this Decision and Order is 

issued, consistent with the provisions of 

10 CFR 431.401(g). 

(5) This waiver is issued on the 

condition that the statements, 

representations, and documentary 

materials provided by the petitioner are 

valid. DOE may revoke or modify the 

waiver at any time if it determines that 

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. 

(6) This waiver applies only to those 

basic models set out in Carrier’s petition 

for waiver. Grant of this waiver does not 

release a petitioner from the 

certification requirements set forth at 10 

CFR part 429. 

Issued in Washington, DC, on May 26, 

2011. 

Kathleen B. Hogan, 

Deputy Assistant Secretary, Energy Efficiency 

and Renewable Energy. 

[FR Doc. 2011–13654 Filed 6–1–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. DI11–7–000] 

San Jose Water Company; Notice of 

Declaration of Intention and Soliciting 

Comments, Protests, and/or Motions 

To Intervene 

Take notice that the following 

application has been filed with the 

Commission and is available for public 

inspection: 

a. Application Type: Declaration of 

Intention. 

b. Docket No: DI11–7–000. 

c. Date Filed: May 16, 2011. 

d. Applicant: San Jose Water 

Company. 

e. Name of Project: Micro-HydroTurbine-Generator Project. 

f. Location: The Micro-HydroTurbine-Generator Project will be 

located on a water delivery system pipe, 

replacing Pressure Reducing Valves, in 

the town of San Jose, Santa Clara 

County, California. 

g. Filed Pursuant to: Section 23(b)(1) 

of the Federal Power Act, 16 U.S.C. 

817(b). 

h. Applicant Contact: Thomas J. 

Victorine, Director of Operations, San 

Jose Water Company, 110 W. Santa 

Clara Street, San Jose, CA 95196–0001; 

Telephone: (408) 279–7814; FAX: (408) 

292–5812; e-mail: http:// 

www.Tom.victorine@sjwater.com. 

i. FERC Contact: Any questions on 

this notice should be addressed to 

Henry Ecton, (202) 502–8768, or E-mail 

address: henry.ecton@ferc.gov. 


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