[Federal Register Volume 68, Number 179 (Tuesday, September 16, 2003)]
[Notices]
[Pages 54212-54215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23567]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy


Energy Conservation Program for Consumer Products: Publishing of 
the Petition for Waiver of Mitsubishi Electric From the DOE Commercial 
Package Air Conditioner and Heat Pump Test Procedure (Case No. CAC-008)

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

ACTION: Notice of Petition for Waiver and solicitation of comments.

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SUMMARY: Today's notice publishes a ``Petition for Waiver'' from 
Mitsubishi Electric and Electronics USA, Inc. (MEUS). The MEUS Petition 
requests a waiver of the test procedures applicable to commercial 
package air conditioners and heat pumps. The Department of Energy (DOE) 
is soliciting comments, data, and information with respect to the 
Petition for Waiver.

DATES: The Department will accept comments, data, and information with 
respect to this Petition for Waiver on or before October 16, 2003.

ADDRESSES: Send written comments and statements to: U.S. Department of 
Energy, Building Technologies Program, Case No. CAC-008, Mail Stop EE-
2J, Forrestal Building, 1000 Independence Avenue, SW, Washington, DC 
20585-0121.
    Copies of public comments received, this notice, and the Petition 
for Waiver may be read at the Freedom of Information Reading Room (Room 
1E-190) at the U.S. Department of Energy, Forrestal Building, 1000 
Independence Avenue, SW, Washington, DC 20585, telephone: (202) 586-
3142, between the hours of 9 a.m. and 4 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S. 
Department of Energy, Building Technologies Program, Mail Stop EE-2J, 
Forrestal Building, 1000 Independence Avenue, SW, Washington, DC 20585-
0121, (202) 586-9611; e-mail: Michael.Raymond.ee.doe.gov; or Francine 
Pinto, Esq., or Thomas DePriest, Esq., U.S. Department of Energy, 
Office of General Counsel, Mail Stop GC-72, Forrestal Building, 1000 
Independence Avenue, SW, Washington, DC 20585-0103, (202) 586-9507; e-
mail: [email protected], or [email protected].

SUPPLEMENTARY INFORMATION: Title III of the Energy Policy and 
Conservation Act (EPCA) sets forth a variety of provisions concerning 
energy efficiency. Part B of Title III (42 U.S.C. 6291-6309) provides 
for the ``Energy Conservation Program for Consumer Products other than 
Automobiles.'' Part C of Title III (42 U.S.C. 6311-6317) provides for a 
program entitled ``Energy Efficiency of Industrial Equipment,'' which 
is similar to the program in Part B, and which includes commercial air 
conditioning equipment, packaged boilers, water heaters, and other 
types of commercial equipment.
    Today's notice involves commercial equipment under Part C, which 
specifically provides for definitions, test procedures, labeling 
provisions, energy conservation standards, and the authority to require 
information and reports from manufacturers. With respect to test 
procedures, Part C generally authorizes the Secretary of Energy to 
prescribe test procedures that are reasonably designed to produce 
results which reflect energy efficiency, energy use and estimated 
annual operating costs, and that are not unduly burdensome to conduct. 
(42 U.S.C. 6314)
    For commercial package air-conditioning and heating equipment, EPCA 
provides that the test procedures shall be those generally accepted 
industry testing 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)) This section also provides for 
the Secretary of Energy to amend the test procedure for a product if 
the industry test procedure is amended, unless the Secretary determines 
that such a modified test procedure does not meet the statutory 
criteria. (42 U.S.C. 6314(a)(4)(B))
    The relevant test procedure for purposes of today's notice and 
referenced in the version of ASHRAE 90.1 in effect in 1992 is ARI 210/
240 (1989), ``Standard for Unitary Air-Conditioning and Air-Source Heat 
Pump Equipment.'' The Air-Conditioning and Refrigeration Institute 
subsequently modified the 1989 version of the test procedure. The 
Department issued a Notice of Proposed Rulemaking proposing to adopt 
ARI 210/240 (1994) (65 FR 48828, Aug. 9, 2000), but has not taken final 
action with respect to that proposal. Thus, the currently applicable 
test procedure is contained in ARI Standard 210/240 (1989).
    The Department's regulations contain provisions allowing a person 
to seek a waiver from the test procedure requirements for covered 
consumer products and electric motors. These provisions are set forth 
in 10 CFR 430.27 and 10 CFR 431.29. However, there are no waiver 
provisions for other covered commercial equipment. The Department 
proposed waiver provisions for covered commercial equipment on December 
13, 1999 (64 FR 69597), as part of the commercial furnace test 
procedure rule. The Department expects to publish a final rule 
codifying this process in 10 CFR 431.201. Until that time, DOE will 
apply to commercial equipment the waiver provisions for consumer 
products and electric motors. These waiver provisions are substantively 
identical.
    The waiver provisions allow the Assistant Secretary for Energy 
Efficiency and Renewable Energy to waive temporarily test procedures 
for a particular basic model when a petitioner shows that the basic 
model contains one or more design characteristics that prevent testing 
according to the prescribed test procedures, or when 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 430.27 (a)(1), 10 CFR 
431.29 (a)(1)) Waivers generally remain in effect until final test 
procedure amendments become effective, thereby resolving the problem 
that is the subject of the waiver.
    On June 13, 2003, MEUS filed a Petition for Waiver from the test 
procedures applicable to commercial package air conditioning and 
heating equipment. In particular, MEUS seeks a waiver from the 
currently applicable test procedures contained in ARI 210/

[[Page 54213]]

240 (1989), and from the test procedures contained in ARI 210/240 
(1994), that the Department has proposed to adopt.
    MEUS requests a waiver from the test procedures for the following 
basic product models:

CITY MULTI Variable Refrigerant Flow Zoning System R-2 Series Outdoor 
Equipment:
    PURY-80TMU, 80,000 Btu/h, 208/230-3-60 split-system variable-speed 
heat pump
    PURY-100TMU, 100,000 Btu/h, 208/230-3-60 split-system variable-
speed heat pump
CITY MULTI Variable Refrigerant Flow Zoning System Y Series Outdoor 
Equipment:
    PUHY-80TMU, 80,000 Btu/h, 208/230-3-60 split-system variable-speed 
heat pump
    PUHY-100TMU, 100,000 Btu/h, 208/230-3-60 split-system variable-
speed heat pump
    PUY-80TMU, 80,000 Btu/h, 208/230-3-60 split-system variable-speed 
air conditioner
    PUY-100TMU, 100,000 Btu/h, 208/230-3-60 split-system variable-speed 
air conditioner
CITY MULTI Variable Refrigerant Flow Zoning System Indoor Equipment 
\1\:
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    \1\ The * denotes engineering differences in the models.
---------------------------------------------------------------------------

    PCFY Series--Ceiling Suspended--PCFY-16/24/40/48***-*
    PDFY Series--Ceiling Concealed Ducted--PDFY-08/10/12/16/20/24/28/
32/40/48***-*
    PEFY Series--Ceiling Concealed Ducted, Low External Static 
Pressure--PEFY-08/10/12***-*
    PEFY Series--Ceiling Concealed Ducted, High External Static 
Pressure--PEFY-16/20/24/28/32/40/48***-*
    PFFY Series--Floor Standing--PFFY-08/10/12/16/20/24***-*
    PKFY Series--Wall-Mounted--PKFY-08/10/12/16/20/24/32/40***-*
    PLFY Series--4-Way Airflow Ceiling Cassette--PLFY-12/16/20/24/32/
40/48***-*
    PLFY Series--2-Way Airflow Ceiling Cassette--PLFY-08/10/12/16/20/
24/32/40/48***-*
    PMFY Series--1-Way Airflow Ceiling Cassette--PMFY-08/10/12/16***-*

    MEUS seeks a waiver from the applicable test procedures because, 
MEUS asserts, the current test procedures evaluate CITY MULTI VRFZ 
system products in a manner so unrepresentative of their true energy 
consumption characteristics as to provide materially inaccurate 
comparative data. MEUS claims that the energy usage of the CITY MULTI 
VRFZ systems cannot be representatively measured using the current test 
procedures for the following reasons:
    1. The test procedures provide for testing of the pair of indoor 
and outdoor assemblies making up a typical split system, but provide no 
direction about how to test CITY MULTI systems with which literally 
millions of combinations of indoor units could be used with any given 
outdoor assembly.
    2. The test procedures call for testing ``matched assemblies, '' 
but CITY MULTI systems are designed to be used in zoning systems where 
the capacity of the indoor units does not match the capacity of the 
outdoor unit.
    3. The test procedures do not accommodate infinite variability in 
compressor speed.
    4. The test procedures do not account for the capability of 
simultaneous heating and cooling.
    The MEUS petition requests that DOE grant a waiver from existing 
test procedures until such time as a representative test procedure is 
developed and adopted for this class of products. MEUS intends to work 
with ARI to develop appropriate test procedures.
    The Department is publishing the MEUS ``Petition for Waiver'' in 
its entirety. The Petition contains no confidential information. The 
Department solicits comments, data, and information with respect to the 
Petition. The Department is particularly interested in receiving 
comments and views of interested parties concerning any alternate test 
procedures, or modifications to test procedures, that the Department 
could use to fairly represent the energy efficiency of MEUS' CITY MULTI 
products. Any person submitting written comments must also send a copy 
of such comments to the petitioner. 10 CFR 430.27(b)(1)(iv).

    Issued in Washington, DC, on September 9, 2003.
David K. Garman,
Assistant Secretary, Energy Efficiency and Renewable Energy.

Mitsubishi Electric & Electronics USA, Inc.

HVAC Advanced Products Division, 4505-A Newpoint Place, 
Lawrenceville, GA 30043, Phone: 678-376-2900, Fax: 678-376-3540 or 
800-889-9904.
Mr. David K. Garman, Assistant Secretary for Energy Efficiency and 
Renewable Energy, U.S. Department of Energy, 1000 Independence Ave, 
SW., Washington, DC 20585-0121.
June 13, 2003.
Re: Petition for Waiver of Test Procedure.
Dear Assistant Secretary Garman: Mitsubishi Electric & Electronics 
USA, Inc. (MEUS) respectfully submits this petition to the 
Department of Energy (DOE) for a waiver of the test procedures 
applicable to commercial package air conditioners and heat pumps, as 
established in ARI 210/240 (1989), for MEUS's CITY MULTI Variable 
Refrigerant Flow Zoning System products.\2\
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    \2\ As of this petition, DOE has not codified procedures 
concerning waiver of test procedures for commercial package air 
conditioners and heat pumps. However, we assume that DOE will employ 
the same procedures it uses for processing requests for waivers of 
other test procedures. See 10 CFR 430.27 (2002) (procedures for 
waiver from test procedures for consumer products) and 10 CFR 431.29 
(2002) (procedures for waiver from test procedures for electric 
motors). While there are no final regulations for commercial package 
air conditioners and heat pumps, in a 1999 Notice of Proposed 
Rulemaking, DOE proposed procedures and standards for granting 
waivers and interim waivers from test procedures for commercial 
package air conditioners and heat pumps, in a 1999 Notice of 
Proposed Rulemaking, DOE proposed procedures and standards for 
granting waivers and interim waivers from test procedures for 
commercial heating and air conditioning equipment. These proposed 
procedures are similar to those codified for other products. In 
particular, DOE proposed to grant waivers where the prescribed test 
procedures evaluate the basic model ``in a manner so 
unrepresentative of its true energy consumption characteristics as 
to provide materially inaccurate comparative data.'' 64 FR 69598 
(Dec. 13, 1999) (to be codified at 10 CFR 431.601).
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Background--CITY MULTI Variable Refrigerant Flow Zoning Systems

    MEUS's line of CITY MULTI Variable Refrigerant Flow Zoning 
(VRFZ) System products, offered by the HVAC Advanced Products 
Division of MEUS, combines advanced technologies to provide a new 
approach to comfort conditioning. CITY MULTI VRFZ systems are 
complete, commercial zoning systems that save energy through the 
effective use of variable refrigerant control and distribution, 
zoning diversity, and system intelligence.
    CITY MULTI VRFZ systems have the capability of connecting a 
single outdoor unit to up to 16 indoor units, giving these systems 
tremendous installation flexibility with over a million potential 
system combinations. The operating characteristics of a VRFZ system 
allow each indoor unit to have a different set temperature and a 
different mode of operation (i.e., on/off/heat/cool/fan), allowing 
great flexibility of operation. The variable speed compressor and 
the system controls direct refrigerant flow throughout the system to 
precisely match the performance of the system to the load of the 
conditioned areas. The compressor is capable of reducing its 
operating capacity to as little as 16% of its rated capacity. The 
outdoor fan motor also has a variable speed drive to properly match 
the outdoor coil to indoor loads. Zone diversity enables VRFZ 
systems to have a total connected indoor unit capacity of up to 150% 
of the capacity of the outdoor unit. The CITY MULTI R2 Series, the 
first member of this MEUS product family to be introduced into the 
U.S. market, is capable of simultaneously providing cooling to one 
or more zones while heating other zones using advanced heat recovery 
methods.

[[Page 54214]]

Test Procedures From Which Waiver Is Requested

    MEUS seeks a waiver from the test procedures applicable, for 
purposes of the Energy Policy and Conservation Act (EPCA), to 
commercial package air conditioning and heating equipment. In 
particular, MEUS seeks a waiver from the currently applicable test 
procedures provided in ARI 210/240 (1989), and from the test 
procedures provided in ARI 2140/240 (1994) that the Department has 
proposed to adopt.
    Section 343(a)(4)(A) of EPCA provides that the test procedures 
for purposes of EPCA shall be those generally accepted procedures 
referenced in ASHRAE/IES Standard 90.1 and in effect on June 30, 
1992. Section 343(a)(4)(B) of EPCA provides for the Secretary to 
amend the test procedure for a product if the industry test 
procedure is modified, unless the Secretary determines that such a 
modified test procedure does not meet the statutory criteria.
    The ARI test procedures referenced in the version of ASHRAE 90.1 
in effect in 1992 are ARI 210/240 (1989). ARI has subsequently 
modified the 1989 version of the test procedures several times. The 
Department issued a Notice of Proposed Rulemaking proposing to adopt 
ARI 210/240 (1994),\3\ but has not taken final action with respect 
to that proposal. Thus, the currently applicable test procedures for 
EPCA purposes are contained in ARI Standard 210/240 (1989).
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    \3\ 65 FR 48828 (Aug. 9, 2000).
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    While the proposal to adopt ARI 210/240 (1994) has not been 
finalized as of the filing of this petition, we understand that it 
is under active consideration. Therefore, we request waiver from the 
applicable test procedures, including ARI 210/240 (1989) or ARI 210/
240 (1994) if adopted, so as to avoid the need to request another 
waiver if the 1994 version is adopted by the Department.

Basic Models for Which Waiver Is Requested

    MEUS requests a waiver from the test procedures for the 
following basic product models:

CITY MULTI Variable Refrigerant Flow Zoning System R-2 Series 
Outdoor Equipment:
    --PURY-80TMU, 80,000 Btu/h, 208/230-3-60 split-system variable-
speed heat pump
    --PURY-100TMU, 100,000 Btu/h, 208/230-3-60 split-system 
variable-speed heat pump
CITY MULTI Variable Refrigerant Flow Zoning System Y Series Outdoor 
Equipment:
    --PUHY-80TMU, 80,000 Btu/h, 208/230-3-60 split-system variable-
speed heat pump
    --PUHY-100TMU, 100,000 Btu/h, 208/230-3-60 split-system 
variable-speed heat pump
    --PUY-80TMU, 80,000 Btu/h, 208/230-3-60 split-system variable-
speed air conditioner
    --PUY-100TMU, 100,000 Btu/h, 208/230-3-60 split-system variable-
speed air conditioner
CITY MULTI Variable Refrigerant Flow Zoning System Indoor 
Equipment:\4\
---------------------------------------------------------------------------

    \4\ The * denotes engineering differences in the models.
---------------------------------------------------------------------------

    --PCFY Series--Ceiling Suspended--PCFY-16/24/40/48***-*
    --PDFY Series--Ceiling Concealed Ducted--PDFY-08/10/12/16/20/24/
28/32/40/48***-*
    --PEFY Series--Ceiling Concealed Ducted, Low External Static 
Pressure--PEFY-08/10/12***-*
    --PEFY Series--Ceiling Concealed Ducted, High External Static 
Pressure--PEFY-16/20/24/28/32/40/48***-*
    --PFFY Series--Floor Standing--PFFY-08/10/12/16/20/24***-*
    --PKFY Series--Wall-Mounted--PKFY-08/10/12/16/20/24/32/40***-*
    --PLFY Series--4-Way Airflow Ceiling Cassette--PLFY-12/16/20/24/
32/40/48***-*
    --PLFY Series--2-Way Airflow Ceiling Cassette--PLFY-08/10/12/16/
20/24/32/40/48***-*
    --PMFY Series--1-Way Airflow Ceiling Cassette--PMFY-08/10/12/
16***-*

Need for Waiver of the Test Procedure

    MEUS seeks a waiver from the applicable test procedures because 
the current test procedures evaluate CITY MULTI VRFZ System products 
``in a manner so unrepresentative of its true energy consumption 
characteristics as to provide materially inaccurate comparative 
data.''\5\ The energy usage of the CITY MULTI VRFZ Systems cannot be 
representatively measured using the current test procedures for 
several reasons discussed below.
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    \5\ See 10 CFR 430.27 (2003) (standard for granting waiver from 
test procedures for consumer products) and 10 CFR 431.29 (2002) 
(standard for granting waiver from test procedures for electric 
motors.)
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    1. The test procedure provides for testing of the pair of indoor 
and outdoor assemblies making up a typical split system, but 
provides no direction about how to test CITY MULTI systems with 
which literally millions of combinations of indoor units could be 
used with any given outdoor assembly.
    The ARI test procedures do not provide for separate testing of 
indoor and outdoor components of split systems. Rather, they provide 
for the indoor and outdoor elements to be tested together. In 
particular, the test procedure provides that ``the requirements of 
rating outlined in this standard are based upon the use of matched 
assemblies.'' ARI Standard 210/240 3.2 (1989).\6\ Virtually all of 
the systems covered by this test procedure have one outdoor unit 
matched to one indoor coil,\7\ so the test procedure's direction to 
test ``matched assemblies'' can be straightforwardly applied. With 
CITY MULTI VRFZ Systems, however, there is no standard configuration 
of outdoor and indoor units that can be tested together as 
representative. The products are intended to be used in zoning 
systems, and each outdoor unit can be connected with up to 16 
separate indoor units in a zoned system. Moreover, MEUS offers 58 
indoor unit models. Each of these indoor unit models is designed to 
be used with up to 15 other indoor units, which need not be the same 
models, in combination with a single outdoor unit. Thus, for each of 
the CITY MULTI VRFZ outdoor coils, there are well over 1,000,000 
combinations of indoor coils that can be matched up in a system 
configuration.
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    \6\ The same language appears in ARI Standard 210/240 3.2 
(1994).
    \7\ An analysis of commercial products from 65,000 Btu/h to 
240,000 Btu/h covered by ARI Standard 210/240 and listed in the ARI 
Unitary Large Equipment (ULE) directory was conducted by MEUS. For 
the products in the Split System Heat Pump (HRCU-A-CB) category, 172 
of 173 (over 99%) of the systems listed have one indoor coil, and 
the other system has two indoor coils. For the products in the 
Condensing Unit Coil and Blower (RCU-A-CB) category, 649 of 653 
(over 99%) of the listed systems have one indoor coil and the other 
four systems have two indoor coils. None of the listed products in 
these categories have more than 2 indoor coils. By contrast, the 
City Multi VRFZ systems will have typically 4 to 8 indoor coils, can 
be configured with as many as 16 indoor coils.
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    The current test procedure provides no direction for determining 
what combination or combinations of outdoor and indoor units should 
be tested in these circumstances. It is not practical to test each 
possible combination. The test procedure provides no mechanism for 
sampling component combinations.\8\ Thus, the test procedure does 
not contemplate, and cannot practicably be applied to, the CITY 
MULTI VRFZ systems consisting of multiple assemblies that are 
intended to be used in a very large number of different 
combinations.
---------------------------------------------------------------------------

    \8\ Any modification of test procedures to provide for testing 
of a sample of configurations would need to assure that the test 
results produced would fairly represent energy used in other 
component combinations used by customers.
---------------------------------------------------------------------------

    2. The test procedure calls for testing ``matched assemblies,'' 
but CITY MULTI systems are designed to be used in zoning systems 
where the capacity of the indoor units does not match capacity of 
the outdoor unit.
    Indoor and outdoor coils in split systems are typically 
balanced, that is, the capacity of the outdoor coil is equivalent to 
the capacity of the indoor coil. The test procedure's application to 
``matched assemblies'' contemplates such a balance between indoor 
and outdoor coil capacity. With the CITY MULTI VRFZ Systems, 
however, the sum of the capacity of the indoor units connected into 
the system can be as much as 150% of the capacity of the outdoor 
coil. Such unbalanced combinations of CITY MULTI indoor and outdoor 
units are permitted by the zoning characteristics of the system, the 
use of electronic expansion valves to precisely control refrigerant 
flow to each indoor coil, and the system intelligence for overall 
system control. The test procedure designed for matched assemblies 
does not contemplate or address testing for substantially unbalanced 
zoning systems such as the CITY MULTI.\9\
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    \9\ Note that the ARI test procedure is also ambiguous about how 
to determine the capacity of such unbalanced VRFZ systems.
---------------------------------------------------------------------------

    3. The current test procedure does not accommodate infinite 
variability in compressor speed.
    The compressors in typical commercial package air conditioners 
and heat pumps are on/off systems, with the compressor

[[Page 54215]]

operating only at one speed. Thus, the test procedure's baseline 
test is conducted at full load. The test procedure includes a crude 
mechanism designed to measure energy use in the cooling mode at 
specified part-loads. ARI 210/240 5.2 (1989) provides that 
``[s]ystems which are capable of capacity reduction shall be rated 
at 100% and at each step of capacity reduction provided by the 
refrigeration system(s) as published by the manufacturer. These 
rating points shall be used to calculate the [integrated part load 
value, or] IPLV.''\10\ The CITY MULTI VRFZ Systems, by contrast, 
have variable frequency inverter driven scroll compressors, and 
therefore have nearly infinite steps of capacity. For this reason, 
the test procedure's ``step'' analysis of capacity reduction cannot 
be practicably applied to the CITY MULTI VRFZ compressors.
---------------------------------------------------------------------------

    \10\ The same language appears in ARI 210/240 5.2 (1994).
---------------------------------------------------------------------------

    In addition, the existing test standards do not provide a test 
method for integrated part load value during heating operation of 
heat pumps. The CITY MULTI heat pump products' part load capability 
in heating mode is not accounted for in any way in the test 
procedure.
    In order to provide accurate data for product comparisons by 
consumers, it is critical that the efficiency rating of a system be 
derived at its normal operating state. While other system 
compressors run at full load as their normal state, the CITY MULTI 
VRFZ Systems run at part load as their normal state. EER 
measurements at full load are not representative of typical customer 
usage of the CITY MULTI product. Thus, the problems with the IPLV 
methodology described above are particularly problematic with 
respect to the CITY MULTI VRFZ Systems.
    4. The current test procedure does not account for the 
capability of simultaneous heating and cooling.
    The CITY MULTI VRFZ R2 products are the only 2-pipe simultaneous 
heating and cooling systems available in the United States at the 
current time. These simultaneous heating and cooling systems achieve 
significant energy efficiency because they transfer heat recovered 
from one zone and discharge it into another zone needing heat. The 
test procedures in ARI 210/240 5.2 (1989) and ARI 210/240 5.2 (1994) 
do not include any mechanism for testing a multi-split heat pump 
that can operate with one or more indoor coils cooling while one or 
more other indoor units are heating.
    For all of these reasons, the existing test procedures evaluate 
the CITY MULTI VRFZ products ``in a manner so unrepresentative of 
its true energy consumption characteristics as to provide materially 
inaccurate comparative data.''\11\ Thus, this petition for waiver 
should be granted.
---------------------------------------------------------------------------

    \11\ 10 CFR 431.29 (2002)(a)(1) (standard for granting waiver 
from test procedures for electric motors). See also 10 CFR 
430.27(a)(1) (2002) (standard for granting waiver from test 
procedures for consumer products).
---------------------------------------------------------------------------

    It is not surprising that the existing test procedures do not 
address the issues listed above, because VRFZ systems like the CITY 
MULTI were not in distribution in the U.S. when the Energy Policy 
Act was enacted in 1992, or when the industry standards and test 
procedures incorporated by reference in the Energy Policy Act were 
developed.
    Without a waiver of the test procedure, MEUS is at a competitive 
disadvantage in the market. Utilities, customers, and State and 
local governments expect MEUS to provide energy efficiency ratings 
that will enable the comparison of HVAC products, the determination 
of building code compliance, and the calculation of energy savings. 
The current test procedure, however, cannot be meaningfully applied 
to CITY MULTI VRFZ systems, for the reasons described above. 
Moreover, if there is an applicable test procedure for a covered 
product, section 343(d)(1) of EPCA prohibits a manufacturer from 
making representations about the energy consumption of the equipment 
unless the equipment has been tested in accordance with such test 
procedure and the representation fairly discloses the results of the 
testing. Therefore, MEUS is handicapped in its ability to provide 
information on energy consumption to its customers. This is 
particularly counterproductive for the CITY MULTI VRFZ systems 
because these systems are specifically designed to deliver energy 
savings for customers.

No Known Alternative Test Procedures

    There are no alternative test procedures known to MEUS that 
could evaluate these products in a representative manner.\12\
---------------------------------------------------------------------------

    \12\ Although ARI 210/240 has been modified several times since 
1989 (the most recent version being ARI 210/240 (2003)), even these 
revised test procedures do not address the problems identified 
above.
---------------------------------------------------------------------------

Similar Products

    To the best of our knowledge, VRFZ products are also offered in 
the United States by Samsung Electronics Company, Ltd., Sanyo Fisher 
(USA) Corp., and Mitsubishi Heavy Industries Climate Control, Inc. 
Each of the manufacturers has incorporated a different technology to 
achieve variable refrigerant flow. None of these manufacturers offer 
a product comparable to the CITY MULTI VRFZ R2 products that offer 
simultaneous heating and cooling with a 2-pipe system.
    We believe that a test procedure could be developed to address 
appropriately variable refrigerant flow zoning systems, part-load 
performance by variable speed compressors, and simultaneous heating 
and cooling operations. Given the differences in technology used by 
manufacturers of other VRFZ systems, however, it is uncertain 
whether a test procedure developed for the CITY MULTI VRFZ systems 
would also appropriately apply to these other manufacturers' 
products.

Conclusion

    MEUS seeks a waiver of current test procedures established in 
ARI 210/240 (1989). Such a waiver is necessary because the current 
prescribed test procedures produce materially inaccurate and 
unrepresentative data for regulatory and consumer information 
purposes.
    MEUS respectfully asks the Department of Energy to grant a 
waiver from existing test standards until such time as a 
representative test procedure is developed and adopted for this 
class of products. MEUS expects to work with ARI through the process 
of developing appropriate test procedures.
    If we can provide further information, or if it would be helpful 
to discuss any of these matters further, please contact Paul Doppel, 
Brand Manager, at (678) 376-2923.
    Sincerely,

William Rau
President, HVAC Advanced Products Division
Mitsubishi Electric & Electronics USA, Inc.
4505-A Newpoint Place
Lawrenceville, GA 30043

Certificate

    I hereby certify that I have this day served the foregoing 
document upon the following companies known to Mitsubishi Electric & 
Electronics USA, Inc. to currently market systems in the United 
States which appear to be similar to the CITY MULTI VRFZ System 
design:

Samsung Air Conditioning
Samsung Electronics Company, LTD.
2865 Pellissier Pl.
Whittier, CA 90601
Attn: John Miles, Director, Engineering & Technical Support

Sanyo Fisher (USA) Corp.
1165 Allgood Road
Suite 22
Marietta, GA 30062
Attn: Tetsushi Yamashita, Engineering Manager, HVAC
Mitsubishi Heavy Industries Climate Control, Inc.
3030 E. Victoria Street
Racho Dominguez, CA 90221
Attn: Mario B. Santos, Assistant Manager, Service Engineer

Dated this 13th day of June 2003.
William Rau
President, HVAC Advanced Products Division
Mitsubishi Electric & Electronics USA, Inc.
4505-A Newpoint Place
Lawrenceville, GA 30043

[FR Doc. 03-23567 Filed 9-15-03; 8:45 am]
BILLING CODE 6450-01-P