50204 Federal Register / Vol. 76, No. 156 / Friday, August 12, 2011 / Notices 

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Department. 

Dated: August 9, 2011. 

Alexa Posny, 

Assistant Secretary for Special Education and 

Rehabilitative Services. 

[FR Doc. 2011–20607 Filed 8–11–11; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

Environmental Management SiteSpecific Advisory Board, Nevada 

AGENCY: Department of Energy. 

ACTION: Notice of open meeting. 

SUMMARY: This notice announces a 

meeting of the Site-Wide Environmental 

Impact Statement (EIS) Committee of 

the Environmental Management SiteSpecific Advisory Board (EM SSAB), 

Nevada. The Federal Advisory 

Committee Act (Pub. L. 92–463, 86 Stat. 

770) requires that public notice of this 

meeting be announced in the Federal 

Register. 

DATES: Wednesday, August 17, 2011, 2 

p.m. 

ADDRESSES: Nevada Site Office, 232 

Energy Way, North Las Vegas, Nevada 

89030. 

FOR FURTHER INFORMATION CONTACT: 

Denise Rupp, Board Administrator, 232 

Energy Way, M/S 505, North Las Vegas, 

Nevada 89030. Phone: (702) 657–9088; 

Fax: (702) 295–5300 or e-mail: 

ntscab@nv.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Purpose of the Board: The purpose of 

the Board is to make recommendations 

to DOE–EM and site management in the 

areas of environmental restoration, 

waste management, and related 

activities. 

Purpose of the Committee: The 

purpose of the Committee is to review 

and prepare comments on the draft sitewide EIS. 

Tentative Agenda: The Committee 

members will review and prepare 

comments on the draft site-wide EIS. 

Public Participation: The EM SSAB, 

Nevada, welcomes the attendance of the 

public at its meetings and will make 

every effort to accommodate persons 

with physical disabilities or special 

needs. If you require special 

accommodations due to a disability, 

please contact Denise Rupp at least 

seven days in advance of the meeting at 

the phone number listed above. Written 

statements may be filed with the 

Committee either before or after the 

meeting. Individuals who wish to make 

oral presentations pertaining to agenda 

items should contact Denise Rupp at the 

telephone number listed above. The 

request must be received five days prior 

to the meeting and reasonable provision 

will be made to include the presentation 

in the agenda. The Deputy Designated 

Federal Officer is empowered to 

conduct the meeting in a fashion that 

will facilitate the orderly conduct of 

business. Individuals wishing to make 

public comments will be provided a 

maximum of five minutes to present 

their comments. This notice is being 

published less than 15 days prior to the 

meeting date due to programmatic 

issues that had to be resolved prior to 

the meeting date. 

Minutes: Minutes will be available by 

writing to Denise Rupp at the address 

listed above or at the following Web site: 

http://nv.energy.gov/nssab/Meeting

Minutes.aspx. 

Issued at Washington, DC on August 9, 

2011. 

LaTanya R. Butler, 

Acting Deputy Committee Management 

Officer. 

[FR Doc. 2011–20590 Filed 8–11–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CAC–033] 

Decision and Order Granting a Waiver 

to Fujitsu General Limited 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–033, which 

grants Fujitsu General Limited (Fujitsu) 

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 Fujitsu 

AIRSTAGE V–II Variable Refrigerant 

Flow (VRF) multi-split commercial heat 

pump models specified in Fujitsu’s 

petition for waiver. As a condition of 

this waiver, Fujitsu must use the 

alternate test procedure set forth in this 

notice to test and rate these AIRSTAGE 

V–II VRF multi-split commercial heat 

pumps. 

DATES: This Decision and Order is 

effective August 12, 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 the General Counsel, 

Mail Stop GC–71, Forrestal Building, 

1000 Independence Avenue, SW., 

Washington, DC 20585–0103. 

Telephone: (202) 586–7796. E-mail: 

Elizabeth.Kohl@hq.doe.govmailto:. 

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 Fujitsu a waiver from 

the existing DOE commercial package 

air conditioner and heat pump test 

procedures for the basic models of 

AIRSTAGE V–II multi-splits set forth in 

its petition. DOE also requires the use of 

an alternate test procedure for this 

equipment. Fujitsu must use American 

National Standards Institute/AirConditioning, Heating and Refrigeration 

Institute (ANSI/AHRI) Standard 1230– 

2010, ‘‘Performance Rating of VRF 

Multi-Split Air-Conditioning and Heat 

Pump Equipment’’ to test and rate the 

models of AIRSTAGE V–II VRF multisplit commercial heat pumps identified 

below. The cooling capacities of these 

models range from 72,000 Btu/h to 

288,000 Btu/h. 

Today’s decision prohibits Fujitsu 

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 

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Federal Register / Vol. 76, No. 156 / Friday, August 12, 2011 / Notices 50205 

1For editorial reasons, upon codification in the 

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

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 August 5, 

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: Fujitsu General 

Limited (Fujitsu) (Case No. CAC–033). 

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 AIRSTAGE V–II 

VRF commercial multi-split heat pumps 

(‘‘AIRSTAGE V–II 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 Fujitsu’s 

AIRSTAGE V–II multi-split heat pumps 

in its waiver petition range from 72,000 

Btu/h to 288,000 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 April 25, 2011, Fujitsu 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 the AIRSTAGE 

V–II multi-split heat pumps in Fujitsu’s 

waiver petition range from 72,000 Btu/ 

h to 288,000 Btu/h. The applicable test 

procedure for these commercial airsource heat pumps is ARI 340/360– 

2004. Manufacturers are directed to use 

these test procedures pursuant to Table 

1 of 10 CFR 431.96. 

Fujitsu seeks a waiver from the 

applicable test procedures under 10 CFR 

431.96 on the grounds that the 

AIRSTAGE V–II multi-split heat pumps 

specified in its petition contain design 

characteristics that prevent testing 

according to the current DOE test 

procedures. Specifically, Fujitsu asserts 

that the two primary factors that prevent 

testing of these 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) (Fujitsu); 76 FR 

19078 (April 6, 2011) (Mitsubishi). 

On June 2, 2011, DOE published 

Fujitsu’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 

31946. DOE received no comments on 

the Fujitsu petition. 

Assertions and Determinations 

Fujitsu’s Petition for Waiver 

Fujitsu seeks a waiver from the DOE 

test procedures for the equipment 

specified in its petition on the grounds 

that its AIRSTAGE V–II VRF multi-split 

commercial heat pumps contain design 

characteristics that prevent them from 

being tested using the current DOE test 

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50206 Federal Register / Vol. 76, No. 156 / Friday, August 12, 2011 / Notices 

procedures. As stated above, Fujitsu 

asserts that the two primary factors that 

prevent testing these multi-split variable 

speed models are the same factors stated 

in the waivers that DOE granted to 

Mitsubishi, Daikin AC Americas 

(Daikin), Samsung Air Conditioning 

(Samsung), Carrier, 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 units to test. 

The AIRSTAGE V–II system consists 

of multiple indoor units connected to 

one or multiple outdoor units. They 

have the capability of connecting the 

outdoor unit with up to 45 indoor units 

selected from 10 chassis types with 43 

basic models, giving these systems more 

than a million installation 

combinations. Consequently, Fujitsu 

requested that DOE grant a waiver from 

the applicable test procedures for its 

AIRSTAGE V–II product designs. 

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 Fujitsu 

AIRSTAGE V–II systems have 

operational characteristics similar to the 

commercial multi-split products 

manufactured by Mitsubishi, Samsung, 

Daikin, Carrier, LG, and Sanyo. DOE 

granted waivers for these products, 

prescribing an alternate test procedure 

similar to the 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. 

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 American National 

Standards Institute (AHRI)—‘‘American 

National Standards Institute (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. 

Fujitsu’s petition proposed that DOE 

apply ANSI/AHRI Standard 1230–2010 

as the alternate test procedure to apply 

to its AIRSTAGE V–II multi-split heat 

pump equipment as a condition of its 

requested waiver. As stated above, no 

comments were received by DOE 

regarding the Fujitsu petition. As 

described below, 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 Fujitsu a test procedure 

waiver for its commercial AIRSTAGE 

V–II multi-split heat pumps. As a 

condition of this waiver, Fujitsu must 

use ANSI/AHRI 1230–2010, the 

alternate test procedure specified by 

DOE, to test the Fujitsu AIRSTAGE V– 

II models listed in its petition. 

Alternate Test Procedure 

The alternate test procedure 

prescribed by DOE in earlier multi-split 

waivers, including the interim waiver 

granted to Fujitsu 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 

that need to be tested, ANSI 1230–2010 

requires that all the indoor units must 

be subjected the same minimum 

external static pressure so that the test 

lab can 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 

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 Fujitsu’s AIRSTAGE V–II 

multi-split 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 Fujitsu’s 

commercial multi-split products. 

Consultations With Other Agencies 

DOE consulted with the Federal Trade 

Commission (FTC) staff concerning the 

Fujitsu petition for waiver. The FTC 

staff did not have any objections to 

issuing a waiver to Fujitsu. 

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Federal Register / Vol. 76, No. 156 / Friday, August 12, 2011 / Notices 50207 

Conclusion 

After careful consideration of all the 

materials submitted by Fujitsu, the 

absence of any comments, and 

consultation with the FTC staff, it is 

ordered that: 

(1) The petition for waiver filed by 

Fujitsu (Case No. CAC–033) is hereby 

granted as set forth in the paragraphs 

below. 

(2) Fujitsu shall not be required to test 

or rate its AIRSTAGE V–II 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)). 

Instead, it shall be required to test and 

rate such products according to the 

alternate test procedure as set forth in 

paragraph (3). 

Outdoor units, 208/230Vac, 3-phase, 

60Hz, Air-Source Heat pump models: 

Standalone models: 

AOUA72RLBV and AOUA96RLBV 

with nominal cooling capacities of 

72,000 and 96,000 Btu/hr respectively. 

Add-on system models (Module models) 

AOUA144RLBVG ..................................................................................................................................... (AOUA72RLBV + AOUA72RLBV) 

AOUA168RLBVG ..................................................................................................................................... (AOUA72RLBV + AOUA96RLBV) 

AOUA192RLBVG ..................................................................................................................................... (AOUA96RLBV + AOUA96RLBV) 

AOUA216RLBVG ..................................................................................................................................... (AOUA72RLBV + AOUA72RLBV + 

AOUA72RLBV) 

AOUA240RLBVG ..................................................................................................................................... (AOUA72RLBV + AOUA72RLBV + 

AOUA96RLBV) 

AOUA288RLBVG ..................................................................................................................................... (AOUA96RLBV + AOUA96RLBV + 

AOUA96RLBV) 

with nominal cooling capacities of 

144,000, 168,000, 192,000, 216,000, 

240,000 and 288,000 Btu/hr 

respectively. 

Compatible indoor units for the above 

listed outdoor units: 

Compact cassette: AUUA7RLAV, 

AUUA9RLAV, AUUA12RLAV, 

AUUA14RLAV, AUUA18RLAV and 

AUUA24RLAV with nominal cooling 

capacities of 7,500, 9,500, 12,000, 

14,000, 18,000 and 24,000 Btu/hr 

respectively. 

Cassette: AUUB30RLAV and 

AUUB36RLAV with nominal cooling 

capacities of 30,000 and 

36,000 Btu/hr respectively. 

Slim cassette: AUUB18RLAV and 

AUUB24RLAV with nominal cooling 

capacities of 18,000 and 24,000 Btu/hr 

respectively. 

Compact wall mounted: 

ASUA7RLAV, ASUE7RLAV, 

ASUA9RLAV, ASUE9RLAV, 

ASUA12RLAV, ASUE12RLAV, 

ASUA14RLAV and ASUE14RLAV with 

nominal cooling capacities of 7,500, 

7,500, 9,500, 9,500, 12,000, 12,000, 

14,000 and 14,000 Btu/hr respectively. 

Wall mounted: ASUB18RLAV and 

ASUB24RLAV with nominal cooling 

capacities of 18,000 and 24,000 Btu/hr 

respectively. 

Floor/Ceiling (Universal): 

ABUA12RLAV, ABUA14RLAV, 

ABUA18RLAV and ABUA24RLAV with 

nominal cooling capacities of 12,000, 

14,000, 18,000, 24,000 Btu/hr 

respectively. 

Ceiling: ABUA30RLAV and 

ABUA36RLAV with nominal cooling 

capacities of 30,000 and 36,000 Btu/hr 

respectively. 

Slim duct: ARUL7RLAV, 

ARUL9RLAV, ARUL12RLAV, 

ARUL14RLAV and ARUL18RLAV with 

nominal cooling capacities of 7,500, 

9,500, 12,000, 14,000 and 18,000 Btu/hr 

respectively. 

Middle static pressure duct: 

ARUM24RLAV, ARUM30RLAV, 

ARUM36RLAV, ARUM48RLAV and 

ARUM54RLAV with nominal cooling 

capacities of 24,000, 30,000, 36,000, 

48,000 and 54,000 Btu/hr respectively. 

High static pressure duct: 

ARUH36RLAV, ARUH48RLAV, 

ARUH54RLAV, ARUH60RLAV, 

ARUH72RLAV, ARUH90RLAV and 

ARUH96RLAV with nominal cooling 

capacities of 36,000, 48,000, 60,000, 

72,000, 90,000 and 96,000 Btu/hr 

respectively. 

(3) Alternate test procedure. Fujitsu 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)), 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 Fujitsu’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 August 5, 

2011. 

Kathleen B. Hogan, 

Deputy Assistant Secretary, Office of 

Technology Development, Energy Efficiency 

and Renewable Energy. 

[FR Doc. 2011–20539 Filed 8–11–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CW–019] 

Decision and Order Granting a Waiver 

to Samsung From the Department of 

Energy Residential Clothes Washer 

Test Procedure 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Decision and Order. 

SUMMARY: The U.S. Department of 

Energy (DOE) gives notice of the 

decision and order (Case No. CW–019) 

that grants to Samsung Electronics 

America, Inc. (Samsung) a waiver from 

the DOE clothes washer test procedure 

for determining the energy consumption 

of clothes washers for the basic models 

set forth in its petition for waiver. Under 

today’s decision and order, Samsung 

shall be required to test and rate these 

clothes washers with larger clothes 

containers using an alternate test 

procedure that takes the larger 

capacities into account when measuring 

energy consumption. 

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