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Federal Register / Vol. 72, No.

241 / Monday, December 17, 2007 / Notices 71387

testing the combinations likely to have must make a disclosure based on the existing Department of Energy (DOE)
the highest volume of retail sales, testing results for the tested residential and commercial package air
Fujitsu may test a ‘‘tested combination’’ combination and which are consistent conditioner and heat pump test
selected in accordance with the with either of the two following procedures for specified Digital Variable
provisions of subparagraph (B) of this methods, except that only method (a) Multi (DVM) variable refrigerant flow
paragraph. Additionally, instead of may be used, if available: multi-split products. As a condition of
following the provisions of 10 CFR (a) Representation of non-tested this waiver, Samsung must test and rate
430(m)(2)(i) and (ii) for every other combinations according to an its DVM multi-split products according
system combination using the same alternative rating method approved by to the alternate test procedure set forth
outdoor unit as the tested combination, DOE; or in this notice.
Fujitsu shall make representations (b) Representation of non-tested
combinations at the same energy DATES: This Decision and Order is
concerning the Airstage variable effective December 17, 2007.
refrigerant flow multi-split products efficiency level as the tested
covered in this waiver according to the combination with the same outdoor FOR FURTHER INFORMATION CONTACT: Dr.
provisions of subparagraph (C) below. unit. Michael G. Raymond, U.S. Department
(ii) Fujitsu shall be required to (4) This waiver shall remain in effect of Energy, Building Technologies
comply with 10 CFR part 430, subpart from the date of issuance of this Order Program, Mailstop EE–2J, 1000
B, Appendix M as amended by the final until April 21, 2008, which is the Independence Avenue, SW.,
rule published in the Federal Register effective date of a DOE final rule Washington, DC 20585–0121.
on October 22, 2007. 72 FR 59906. The prescribing an amended test procedure Telephone: (202) 586–9611. E-mail:
test procedure changes applicable to appropriate to the model series Michael.Raymond@ee.doe.gov.
multi-split products are in sections: 2.1, manufactured by Fujitsu listed above. Francine Pinto or Eric Stas, U.S.
2.2.3, 2.4.1, 3.2.4 (including Table 6), This final rule was published on Department of Energy, Office of General
3.6.4 (including Table 12), 4.1.4.2, and October 22, 2007 (72 FR 59906). Counsel, Mail Stop GC–72, 1000
4.2.4.2. (5) This waiver is conditioned upon Independence Avenue, SW.,
(B) Tested combination. The term the presumed validity of statements, Washington, DC 20585–0103.
‘‘tested combination’’ means a sample representations, and documentary Telephone: (202) 586–9507. E-mail:
basic model comprised of units that are materials provided by the petitioner. Francine.Pinto@hq.doe.gov or
production units, or are representative This waiver may be revoked or modified Eric.Stas@hq.doe.gov.
of production units, of the basic model at any time upon a determination that
being tested. For the purposes of this the factual basis underlying the Petition SUPPLEMENTARY INFORMATION: In
waiver, the tested combination shall for Waiver is incorrect, or DOE accordance with 10 CFR 430.27(l) and
have the following features: determines that the results from the 10 CFR 431.401(f)(4), notice is hereby
(i) The basic model of a variable alternate test procedure are given of the issuance of the Decision
refrigerant flow system used as a tested unrepresentative of the basic models’ and Order set forth below. In this
combination shall consist of an outdoor true energy consumption characteristics. Decision and Order, DOE grants
unit that is matched with between two Issued in Washington, DC, on November 4, Samsung a waiver from the applicable
and five indoor units. 2007. DOE residential and commercial
(ii) The indoor units shall: package air conditioner and heat pump
(a) Represent the highest sales volume Alexander A. Karsner, test procedures 1 for its DVM multi-split
type models; Assistant Secretary, Energy Efficiency and products, subject to a condition
(b) Together, have a capacity between Renewable Energy. requiring Samsung to test and rate its
95 percent and 105 percent of the [FR Doc. E7–24438 Filed 12–14–07; 8:45 am] DVM multi-split products pursuant to
capacity of the outdoor unit; BILLING CODE 6450–01–P the alternate test procedure provided in
(c) Not, individually, have a capacity this notice. Today’s decision requires
greater than 50 percent of the capacity that Samsung may not make any
of the outdoor unit; DEPARTMENT OF ENERGY representations concerning the energy
(d) Have a fan speed that is consistent efficiency of these products unless such
with the manufacturer’s specifications; Office of Energy Efficiency and
product has been tested in accordance
and Renewable Energy
with the DOE test procedure, consistent
(e) All have the same external static with the provisions and restrictions in
Energy Conservation Program for
pressure. the alternate test procedure set forth in
(C) Representations. In making Consumer Products: Decision and
Order Granting a Waiver to Samsung the Decision and Order below, and such
representations about the energy representation fairly discloses the
efficiency of its Airstage variable Air Conditioning From the Department
of Energy Residential and Commercial results of such testing.2 (42 U.S.C.
refrigerant flow multi-split air 6293(c))
conditioner and heat pump products, Package Air Conditioner and Heat
for compliance, marketing, or other Pump Test Procedures [Case No.
1 For residential products, the applicable test
purposes, Fujitsu must fairly disclose CAC–009]
procedure is set forth in 10 CFR part 430, subpart
the results of testing under the DOE test AGENCY: Office of Energy Efficiency and B, Appendix M. For commercial products, the
procedure, doing so in a manner Renewable Energy, Department of applicable test procedure is the Air-Conditioning
and Refrigeration Institute (ARI) Standard 340/360–
consistent with the provisions outlined Energy. 2004, ‘‘Performance Rating of Commercial and
below: ACTION: Decision and Order. Industrial Unitary Air-Conditioning and Heat Pump
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(i) For Airstage multi-split Equipment’’ (incorporated by reference at 10 CFR


combinations tested in accordance with SUMMARY: This notice publishes the 431.95(b)(2)).
2 Consistent with the statute, distributors,
this alternate test procedure, Fujitsu Department of Energy’s Decision and
retailers, and private labelers are held to the same
must disclose these test results. Order in Case No. CAC–009, which standard when making representations regarding
(ii) For Airstage multi-split grants a waiver to Samsung Air the energy efficiency of these products. (42 U.S.C.
combinations that are not tested, Fujitsu Conditioning (Samsung) from the 6293(c))

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71388 Federal Register / Vol. 72, No. 241 / Monday, December 17, 2007 / Notices

Issued in Washington, DC, on November 4, determines that such a modified test continuation of the waiver. 10 CFR
2007. procedure does not meet the statutory 430.27(m); 10 CFR 430.401(g).
Alexander A. Karsner, criteria set forth in 42 U.S.C. 6314(a)(2) The waiver process also allows any
Assistant Secretary, Energy Efficiency and and (3). interested person who has submitted a
Renewable Energy. On December 8, 2006, DOE published Petition for Waiver to file an
Decision and Order a final rule adopting test procedures for Application for Interim Waiver of the
commercial package air conditioning applicable test procedure requirements.
In the Matter of: Samsung Air and heating equipment, effective 10 CFR 430.27(a)(2); 10 CFR
Conditioning (Samsung) (Case No. January 8, 2007. 71 FR 71340. DOE 431.401(a)(2). An Interim Waiver
CAC–009). remains in effect for a period of 180
adopted ARI Standard 210/240–2003 for
Background commercial package air conditioning days or until DOE issues its
and heating equipment with capacities determination on the Petition for
Title III of the Energy Policy and
<65,000 British thermal units per hour Waiver, whichever occurs first, and may
Conservation Act (EPCA) sets forth a
variety of provisions concerning energy (Btu/h) and ARI Standard 340/360–2004 be extended by DOE for 180 days, if
efficiency, including Part B of Title III for commercial package air conditioning necessary. 10 CFR 430.27(h); 10 CFR
which establishes the ‘‘Energy and heating equipment with capacities 431.401(e)(4).
Conservation Program for Consumer ≥65,000 Btu/h and <240,000 Btu/h. Id. On October 7, 2003, Samsung filed a
at 71371. Pursuant to this rulemaking, Petition for Waiver and an Application
Products Other Than Automobiles.’’ (42
DOE’s regulations at 10 CFR for Interim Waiver from the test
U.S.C. 6291–6309) Similar to the
431.95(b)(2) incorporate by reference the procedures applicable to its DVM line of
Program in Part B, Part C of Title III
relevant ARI standards, and 10 CFR residential and commercial multi-split
provides for an energy efficiency
431.96 directs manufacturers of air conditioning and heating equipment.
program titled, ‘‘Certain Industrial
commercial package air-conditioning Samsung’s petition requested a waiver
Equipment,’’ which includes
and heating equipment to use the from both the residential and
commercial air conditioning equipment,
appropriate procedure when measuring commercial test procedures. The
package boilers, water heaters, and other
energy efficiency of those products. applicable residential test procedures
types of commercial equipment. (42
(The cooling capacities of Samsung’s are contained in 10 CFR part 430,
U.S.C. 6311–6317)
Today’s notice involves residential DVM multi-split products fall in the subpart B, Appendix M, and the
products under Part B, as well as ranges covered by ARI Standard 340/ applicable commercial test procedures
commercial equipment under Part C. 360–2004 and the DOE test procedure are contained in ARI Standard 340/360–
Under both parts, the statute specifically for residential products referred to 2004 3 (incorporated by reference at 10
includes definitions, test procedures, above.) CFR 431.95(b)(2)). Samsung seeks a
labeling provisions, energy conservation In addition, DOE’s regulations contain waiver from the applicable test
standards, and the authority to require provisions allowing a person to seek a procedures because the design
information and reports from waiver from the test procedure characteristics of its DVM systems
manufacturers. With respect to test requirements for covered consumer prevent testing according to the
procedures, both parts generally products, when the petitioner’s basic currently prescribed test procedures.
authorize the Secretary of Energy (the model contains one or more design On February 28, 2005, DOE published
Secretary) to prescribe test procedures characteristics that prevent testing Samsung’s Petition for Waiver and
that are reasonably designed to produce according to the prescribed test granted the Application for Interim
results which reflect energy efficiency, procedures, or when the prescribed test Waiver. 70 FR 9630. In a similar and
energy use, and estimated annual procedures may evaluate the basic relevant case, DOE published a Petition
operating costs, and that are not unduly model in a manner so unrepresentative for Waiver from Mitsubishi Electric and
burdensome to conduct. (42 U.S.C. of its true energy consumption as to Electronics USA, Inc. (MEUS) for
6293(b)(3), 6314(a)(2)) provide materially inaccurate products very similar to Samsung’s
Relevant to the current Petition for comparative data. 10 CFR 430.27(a)(1). DVM products. 71 FR 14858 (March 24,
Waiver, the test procedure for The waiver provisions for commercial 2006). In the March 24, 2006 Federal
residential central air conditioning and equipment are substantively identical to Register notice, DOE also published and
heat pump products is set forth in 10 those for covered consumer products requested comment on an alternate test
CFR part 430, subpart B, Appendix M. and are found at 10 CFR 431.401. procedure for the MEUS products at
For commercial package air Petitioners must include in their issue. DOE stated that if it specified an
conditioning and heating equipment, petition any alternate test procedures alternate test procedure for MEUS in the
EPCA provides that ‘‘the test procedures known to evaluate the basic model in a subsequent Decision and Order, DOE
shall be those generally accepted manner representative of its energy would consider applying the same
industry testing procedures or rating consumption. 10 CFR 430.27(b)(1)(iii); procedure to similar waivers for
procedures developed or recognized by 10 CFR 431.401(b)(1)(iii). residential and commercial central air
the Air-Conditioning and Refrigeration The Assistant Secretary for Energy conditioners and heat pumps, including
Institute [ARI] or by the American Efficiency and Renewable Energy (the such products for which waivers had
Society of Heating, Refrigerating and Assistant Secretary) may grant a waiver previously been granted. Most of the
Air-Conditioning Engineers [ASHRAE], subject to conditions, including comments responded favorably to DOE’s
as referenced in ASHRAE/IES Standard adherence to alternate test procedures. 3 In its petition, Samsung also requested a waiver
90.1 and in effect on June 30, 1992.’’ (42 10 CFR 430.27(l); 10 CFR 431.401(f)(4). from ARI Standard 210/240–2003 (incorporated by
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U.S.C. 6314(a)(4)(A)) Under 42 U.S.C. In general, a waiver terminates on the reference at 10 CFR 431.95(b)(1)). However, based
6314(a)(4)(B), the statute further directs effective date of a final rule which on a review of the products listed by Samsung in
the Secretary to amend the test prescribes amended test procedures its petition, DOE has determined that none of these
products has the combined features (i.e., three-
procedure for a covered commercial appropriate to the model series phase power and rated capacity less than 65,000
product if the industry test procedure is manufactured by the petitioner, thereby Btu/h) as would necessitate a waiver from ARI
amended, unless the Secretary eliminating any need for the Standard 210/240–2003.

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Federal Register / Vol. 72, No. 241 / Monday, December 17, 2007 / Notices 71389

proposed alternate test procedure. Also, the peak-load efficiency, not the Samsung products at issue here.
there was general agreement that an seasonal energy savings. (42 U.S.C. Specifically, on March 24, 2006, DOE
alternate test procedure is necessary 6313(a)(1)(C)) A waiver can only be published in the Federal Register a
while a final test procedure for these granted if a test procedure does not Petition for Waiver from MEUS relating
types of products is being developed. fairly represent the peak-load energy to its R410A CITY MULTI VRFZ
The MEUS Decision and Order, consumption characteristics, which EER products, which are very similar to
including the alternate test procedure, measures. For Samsung’s residential Samsung’s DVM multi-split products.
was published in the Federal Register models, the seasonal energy efficiency 71 FR 14858. In that publication, DOE
on April 9, 2007. 72 FR 17528. ratio (SEER) captures some of the stated:
DOE received comments on the benefits of the DVM multi-split To provide a test procedure from which
Samsung Petition from Carrier products’ part-load efficiency. manufacturers can make valid
Corporation (Carrier), Daikin U.S. Nevertheless, there are deficiencies in representations, the Department is
Corporation, and Fujitsu General. These the current DOE test methods and considering setting an alternate test
comments are discussed below. calculation algorithms when applied to procedure for MEUS in the subsequent
multi-split systems. DOE has previously Decision and Order. Furthermore, if DOE
Assertions and Determinations acknowledged these limitations in its specifies an alternate test procedure for
MEUS, DOE is considering applying the
Samsung’s Petition for Waiver current test procedure, and accordingly, alternate test procedure to similar waivers for
MEUS was granted a waiver on the residential and commercial central air
On October 7, 2003, Samsung
following grounds: conditioners and heat pumps. Such cases
submitted a Petition for Waiver and an 1. No existing test procedure provides include Samsung’s petition for its DVM
Application for Interim Waiver from the a method for testing and rating a system products (70 FR 9629, February 28, 2005),
test procedures applicable to residential that utilizes one outdoor unit and Fujitsu’s petition for its Airstage variable
and commercial package air- sixteen indoor units. refrigerant flow (VRF) products (70 FR 5980,
conditioning and heating equipment for 2. No existing test procedure can February 4, 2005), and MEUS’s petition for
its new DVM multi-split products. provide a method for rating systems its R22 CITY MULTI VRFZ products (69 FR
Samsung’s petition presented several 52660 (August 27, 2004).
where the type and capacity of the
arguments in support of its claim that indoor unit can be mixed in the same 71 FR 14858, 14861 (March 24, 2006).
the design characteristics of its DVM system. The DVM system can mix Since that time, DOE has developed
multi-split systems prevent testing together six different indoor models such an alternate test procedure. Thus,
according to the currently prescribed with seven different capacities, resulting in order to enable Samsung to make
test procedures. Specifically, Samsung in over 1,000 combinations. energy efficiency representations for its
claimed that no other product currently Given the present situation, Samsung specified DVM multi-split products,
available for sale in the U.S. offers the can make the same claims regarding its DOE has decided to require use of the
ability of a direct expansion system to DVM multi-split products. Therefore, alternate test procedure described
vary its capacity every 20 seconds the bases for Samsung’s Petition for below, as a condition of Samsung’s
between 10 percent and 100 percent of Waiver involve: (1) The problem of waiver. This alternate test procedure is
the building design load, and argued being physically unable to test most of substantially the same as the one that
that no existing test procedure can the complete systems in a laboratory; (2) DOE applied to the MEUS waiver.
provide a method for rating at those difficulties associated with the
capacity points. Samsung also asserted DOE’s Alternate Test Procedure
regulatory requirement to test the
that existing test procedures do not highest-sales-volume combination; and The alternate test procedure has two
require calculating integrated part-load (3) the lack of a method for predicting basic components. First, it permits
values in the heating mode and do not the performance of untested Samsung to designate a ‘‘tested
account for either the benefits of the combinations. combination’’ for each model of outdoor
DVM system’s zoned cooling or the Of the three comments on the unit. The indoor units designated as
inherent benefits of eliminating duct Samsung petition, only Carrier part of the tested combination must
loss in a ductless system. Corporation (Carrier) expressed meet specific requirements. For
Therefore, the Samsung Petition opposition. Carrier claimed that example, the tested combination must
requested that DOE grant a waiver from Samsung’s DVM multi-split systems have from two to five indoor units so
existing test procedures until such time could be tested using the calorimeter air that it can be tested in available test
as a representative test procedure is enthalpy test method set forth in facilities. The tested combination must
developed and adopted for this class of ASHRAE Standard 37, ‘‘Methods of be tested according to the applicable
products. Samsung did not include an Testing for Rating Unitary Air- DOE test procedure, as modified by the
alternate test procedure in its Petition Conditioning and Heat Pump provisions of the alternate test
for Waiver. (However, DOE understands Equipment.’’ Although DOE believes procedure. Second, having a DOE test
that Samsung is actively working with that use of this test, as Carrier procedure that can be applied to its
ARI to develop test procedures that recommends, is theoretically possible product allows Samsung to represent
accurately reflect the operation and and would likely provide more accurate the energy efficiency of that product,
energy consumption of these particular results in the cooling mode, it is not a because any such representation must
product designs.) practical solution because existing fairly disclose the results of such
Regardless of their accuracy, DOE calorimeter test rooms are too small to testing. The DOE test procedure, as
believes that these assertions are test Samsung’s DVM multi-split systems modified by the alternate test procedure
inapposite to the present case for the with more than three or four indoor provided in this Decision and Order,
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reasons that follow. First, for units. DOE believes that its alternate test provides for testing of a non-tested
commercial systems at or above 65,000 procedure (discussed below) effectively combination in two ways: (1) at an
Btu/h and less than 135,000 Btu/h, addresses these objections. energy efficiency level determined
EPCA mandates use of the full load As mentioned above, DOE recently under a DOE-approved alternative rating
energy efficiency ratio (EER) descriptor, addressed a situation regarding multi- method; or (2) if the first method is not
and the relevant energy performance is split products that is relevant to the available, then at the efficiency level of

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71390 Federal Register / Vol. 72, No. 241 / Monday, December 17, 2007 / Notices

the tested combination utilizing the section (B). Second, section (A) requires the separate capacities to obtain the
same outdoor unit. Until an alternative several test procedure revisions to overall system capacity. This would
rating method is developed, all determine the SEER and heating require that the test laboratory be
combinations with a particular outdoor seasonal performance factor (HSPF) for equipped with multiple airflow
unit may use the rating of the the tested combination of residential measuring apparatuses (which is
combination tested with that outdoor products. No test procedure revisions unlikely), or that the test laboratory
unit. are introduced for commercial products, connect its one airflow measuring
DOE believes that adopting this because EPCA directs DOE to adopt apparatus to one or more common
alternate test procedure as described generally accepted industry test indoor units until the contribution of
above (thereby allowing Samsung to standards for these commercial products each indoor unit has been measured.
make energy efficiency representations (unless amendments to those industry Furthermore, DOE stated in the notice
for non-tested combinations) is test procedures are determined by clear publishing the MEUS Petition for
reasonable because the outdoor unit is and convincing evidence not to meet the Waiver that if the Department decides to
the principal efficiency driver. The requirements of the statute) (42 U.S.C. specify an alternate test procedure for
current test procedures tend to rate 6314(a)(4)). In contrast, for residential MEUS, it would consider applying the
these products conservatively. The products, DOE develops its own test procedure to waivers for similar
multi-zoning feature of these products, procedures, and the changes to the test residential and commercial central air
which enables them to cool only those procedure for residential products conditioners and heat pumps produced
portions of the building that require resulting from this notice relate to: (1) by other manufacturers. 71 FR 14858,
cooling, would be expected to use less The requirement that all indoor units 14861 (March 24, 2006). Most of the
energy than if the unit is operated to operate during all tests; (2) the comments received by DOE in response
cool the entire home or a comparatively restriction on using only one indoor test to the March 2006 notice favored the
larger area of a commercial building in room; (3) the selection of the proposed alternate test procedure.
response to a single thermostat. This modulation levels (maximum, Commenters generally agreed that an
feature would not be captured by the minimum, and a specified intermediate alternate test procedure is appropriate
test procedure, which requires full-load speed) used when testing; and (4) the for an interim period while a final test
testing. Under full load, the entire algorithm for estimating performance procedure for these products is being
building would require cooling. over the intermediate speed operating developed.
Additionally, the current test procedure range. DOE proposed these changes in Based on the discussion above, DOE
for commercial equipment requires full- its July 20, 2006 notice of proposed believes that the testing problems
load testing, which disadvantages these rulemaking. 71 FR 41320. described above would prevent testing
products because they are optimized for For today’s Decision and Order, the of Samsung’s DVM basic models
best efficiency when operating with less changes made by the final rule according to the test procedures
than full loads. In fact, these products published in the Federal Register on currently prescribed in 10 CFR part 430,
normally operate at part-load October 22, 2007 (72 FR 59906) to test Subpart B, Appendix M, and ARI
conditions. Therefore, the alternate test procedure sections 2.1, 2.2.3, 2.4.1, 3.2.4 Standard 340/360–2004. After reviewing
procedure will provide a conservative (including Table 6), 3.6.4 (including and considering all of the comments
basis for assessing the energy efficiency Table 12), 4.1.4.2, and 4.2.4.2 constitute submitted regarding the proposed
for such products. mandatory elements of the alternate test alternate test procedure, DOE has
The alternate test procedure applies to procedure. These changes allow indoor decided to adopt the proposed alternate
both residential and commercial multi- units to cycle off, allow the test procedure, with the clarifications
split products. However, some manufacturer to specify the compressor discussed above. DOE will also consider
provisions are specific to residential or speed used during certain tests, and applying the same alternate test
commercial products. For example, introduce a new algorithm for procedure to waivers for similar
section (A) of the alternate test estimating power consumption. residential and commercial central air
procedure has different provisions for With regard to the laboratory testing conditioners and heat pumps.
residential and commercial products. In of both residential and commercial
contrast, section (B), which defines the products, some of the difficulties Consultations With Other Agencies
combinations of indoor and outdoor associated with the existing test DOE consulted with the Federal Trade
units to test, and section (C), which sets procedure are avoided by the alternate Commission (FTC) concerning the
forth the requirements for making test procedure’s requirements for Samsung Petition for Waiver. The FTC
representations, are the same for choosing the indoor units to be used in did not have any objections to the
residential and commercial products. the manufacturer-specified tested issuance of a waiver to Samsung.
Section (A) distinguishes between combination. For example, in addition
residential and commercial products for to limiting the number of indoor units, Conclusion
two reasons. First, 10 CFR 430.24, used another requirement is that all of the After careful consideration of all the
for residential products, already has indoor units must be subject to meeting material that was submitted by
requirements for selecting split-system the same minimum external static Samsung, the comments received, and
combinations based on the highest sales pressure. This requirement allows the consultation with the FTC, it is ordered
volume. However, 10 CFR part 431, test lab to manifold the outlets from that:
which applies to commercial products, each indoor unit into a common plenum (1) The Petition for Waiver submitted
has no comparable requirements. that supplies air to a single airflow by Samsung Air Conditioning
Therefore, section (A) of the alternate measuring apparatus. This requirement (Samsung) (Case No. CAC–009) is
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test procedure modifies the existing eliminates situations in which some of hereby granted as set forth in the
residential and commercial the indoor units are ducted and some paragraphs below.
requirements so that both residential are non-ducted. Without this (2) Samsung shall not be required to
and commercial products can use the requirement, the laboratory must test or rate its Digital Variable Multi
same definition of a ‘‘tested evaluate the capacity of a subgroup of (DVM) products listed below on the
combination,’’ which is set forth in indoor coils separately, and then sum basis of the currently applicable test

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Federal Register / Vol. 72, No. 241 / Monday, December 17, 2007 / Notices 71391

procedures (contained in 10 CFR part condensing unit manufacturer likely to (d) Have a fan speed that is consistent
430, Subpart B, Appendix M, and ARI have the largest volume of retail sales;’’ with the manufacturer’s specifications;
Standard 340/360–2004 (incorporated and (2) the third sentence in 10 CFR and
by reference in 10 CFR 431.95(b)(2)), but 430.24(m)(2), including the provisions (e) All have the same external static
shall be required to test and rate such of 10 CFR 430.24(m)(2)(i) and (ii). pressure.
products according to the alternate test Instead of testing the combinations
procedure as set forth in paragraph (3). likely to have the highest volume of (C) Representations. In making
Commercial Systems: Any product retail sales, Samsung may test a ‘‘tested representations about the energy
using these outdoor units: combination’’ selected in accordance efficiency of its DVM multi-split
RVMH100FAMOU, RVMC100FAMOU, with the provisions of subparagraph (B) products, for compliance, marketing, or
RVMC070FAM0U. of this paragraph. Additionally, instead other purposes, Samsung must fairly
of following the provisions of 10 CFR disclose the results of testing under the
For these products, the applicable test DOE test procedure, doing so in a
430.24(m)(2)(i) and (ii) for every other
procedure is ARI 340/360–2004, as manner consistent with the provisions
system combination using the same
amended by the alternate test procedure outlined below:
outdoor unit as the tested combination,
as set forth in paragraph (3).
Residential Systems: Any product Samsung shall make representations (i) For DVM combinations tested in
using these outdoor units: concerning the DVM multi-split accordance with this alternate test
products covered in this waiver procedure, Samsung must disclose these
RVMH050CBM0U, RVMC050CBM0U. according to the provisions of test results.
For these products, the applicable test subparagraph (C) below.
procedure is the residential test (ii) For DVM combinations that are
(ii) For products covered by 10 CFR not tested, Samsung must make a
procedure contained in 10 CFR part 430, part 430 (consumer products), Samsung
subpart B, appendix M, as amended by disclosure based on the testing results
shall be required to comply with 10 CFR for the tested combination and which
the alternate test procedure as set forth 430, subpart B, appendix M as amended
in paragraph (3). are consistent with either of the two
by the final rule published in the following methods, except that only
DVM indoor units: Federal Register on October 22, 2007.
AVMKH020CAOU, AVMKC020CAOU, method (a) may be used, if available:
72 FR 59906. The test procedure
AVMKH032CAOU, changes applicable to multi-split (a) Representation of non-tested
AVMKC032CA0U, AVMKH040CA0U, products are in sections: 2.1, 2.2.3, combinations according to an
AVMKC040CAOU, 2.4.1, 3.2.4 (including Table 6), 3.6.4 Alternative Rating Method (ARM)
AVMCH052CAOU, AVMCC052CA0U, (including Table 12), 4.1.4.2, and approved by DOE; or
AVMCH072CAOU, 4.2.4.2. (b) Representation of non-tested
AVMCC072CAOU, (iii) For products covered by 10 CFR combinations at the same energy
AVMCH105CAOU, AVMCC105CA0U, part 431 (commercial products), efficiency level as the tested
AVMBH020CAOU, AVMBC020CA0U, Samsung shall test a ‘‘tested combination with the same outdoor
AVMBH032CAOU, AVMBC032CA0U, combination’’ selected in accordance unit.
AVMBH040CAOU, AVMBC040CA0U, with the provisions of subparagraph (B)
AVMBH052CAOU, AVMBC052CA0U, (4) This waiver shall remain in effect
of this paragraph. For every other from the date of issuance of this Order
AVMBH072CAOU, AVMBC072CA0U, system combination using the same
AVMHH105CAOU, until the effective date of a DOE final
outdoor unit as the tested combination, rule prescribing amended test
AVMHC105CAOU, Samsung shall make representations
AVMHH128CAOU, procedures appropriate to the model
concerning the DVM multi-split series manufactured by Samsung listed
AVMHC105CAOU, products covered in this waiver
AVMDH052CA0U, AVMDC052CA0U, above. This expiration date is April 21,
according to the provisions of 2008 for the Samsung residential
AVMDH072CA0U, AVMDC072CA0U, subparagraph (C) below.
AVMWH020CAOU, products only, for which such DOE final
AVMWCH020CAOU, (B) Tested combination. The term rule was published on October 22, 2007
AVMWH032CAOU, ‘‘tested combination’’ means a sample (72 FR 59906).
AVMWC032CAOU, basic model comprised of units that are
production units, or are representative (5) This waiver is conditioned upon
AVMWH040CAOU, the presumed validity of statements,
AVMWC040CAOU, of production units, of the basic model
being tested. For the purposes of this representations, and documentary
AVMWH052CAOU, materials provided by the petitioner.
AVMWC052CAOU, waiver, the tested combination shall
have the following features: This waiver may be revoked or modified
AVMWH072CAOU, at any time upon a determination that
AVMWC072CAOU. (i) The basic model of a variable
the factual basis underlying the petition
refrigerant flow system used as a tested
(3) Alternate test procedure. is incorrect, or DOE determines that the
combination shall consist of an outdoor
(A) Samsung shall be required to test results from the alternate test procedure
unit that is matched with between two
the products listed in paragraph (2) are unrepresentative of the basic
and five indoor units.
above according to the test procedures models’ true energy consumption
(ii) The indoor units shall: characteristics.
for central air conditioners and heat
pumps prescribed by DOE at 10 CFR (a) Represent the highest sales volume
type models; Issued in Washington, DC, on November 4,
parts 430 and 431, except that: 2007.
(b) Together, have a capacity between
ebenthall on PROD1PC69 with NOTICES

(i) For products covered by 10 CFR


95 percent and 105 percent of the Alexander A. Karsner,
part 430 (consumer products), Samsung Assistant Secretary, Energy Efficiency and
shall not be required to comply with: (1) capacity of the outdoor unit;
Renewable Energy.
The first sentence in 10 CFR (c) Not, individually, have a capacity
430.24(m)(2), which refers to ‘‘that greater than 50 percent of the capacity [FR Doc. E7–24439 Filed 12–14–07; 8:45 am]
combination manufactured by the of the outdoor unit; BILLING CODE 6450–01–P

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