[Federal Register Volume 71, Number 152 (Tuesday, August 8, 2006)]
[Notices]
[Pages 45047-45049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12851]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. CAC-012]


Energy Conservation Program for Consumer Products: Notice of 
Correction of Petition for Waiver and Interim Waiver of Mitsubishi 
Electric From the DOE Residential and Commercial Package Air 
Conditioner and Heat Pump Test Procedures, and Modification of Interim 
Waiver

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

ACTION: Notice of correction of interim waiver.

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SUMMARY: Today's notice corrects five minor errors in the list of model 
numbers for which Mitsubishi Electric & Electronics USA, Inc. 
(``MEUS'') requested a waiver and interim waiver of the test procedures 
applicable to residential and commercial package air conditioners and 
heat pumps.

FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S. 
Department of Energy, Office of Energy Efficiency and Renewable 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., U.S. 
Department of Energy, Office of General Counsel, Mail Stop GC-72, 
Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 
20585-0121, (202) 586-9507; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background and Authority
II. Corrected Petition for Waiver of Test Procedure and Application 
for Interim Waiver
III. Discussion

I. Background and Authority

    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 an energy efficiency program 
entitled ''Certain 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.
    Both parts specifically provide for definitions, test procedures, 
labeling provisions, energy conservation standards, and the authority 
to require information and reports from manufacturers. With respect to 
test procedures, both parts generally authorize the Secretary of Energy 
to prescribe test procedures that are reasonably designed to produce 
results which reflect energy efficiency, energy use and estimated 
operating costs, and that are not unduly burdensome to conduct. (42 
U.S.C. 6293(b)(3), 6314(a)(2)) EPCA provides that the Secretary of 
Energy may amend test procedures for consumer products if the Secretary 
determines that amended test procedures would more accurately reflect 
energy efficiency, energy use and estimated operating costs, and are 
not unduly burdensome to conduct. (42 U.S.C. 6293(b))
    The Department's regulations contain provisions allowing a person 
to seek a

[[Page 45048]]

waiver from the test procedure requirements for covered consumer 
products (10 CFR 430.27). The waiver provisions allow the Assistant 
Secretary for Energy Efficiency and Renewable Energy (hereafter 
``Assistant Secretary'') to temporarily waive 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)) The 
Assistant Secretary may grant the waiver subject to conditions, 
including adherence to alternate test procedures. Petitioners are to 
include in their petition any alternate test procedures known to 
evaluate the basic model in a manner representative of its energy 
consumption. (10 CFR 430.27(b)(1)(iii)) Waivers generally remain in 
effect until final test procedure amendments become effective, thereby 
resolving the problem that is the subject of the waiver.
    The waiver process also allows the Assistant Secretary to grant an 
Interim Waiver from test procedure requirements to manufacturers that 
have petitioned the Department for a waiver of such prescribed test 
procedures. (10 CFR 430.27(a)(2)) An Interim Waiver remains in effect 
for a period of 180 days or until the Department issues its 
determination on the Petition for Waiver, whichever is sooner, and may 
be extended for an additional 180 days, if necessary. (10 CFR 
430.27(h))
    On November 7, 2005, MEUS filed an Application for Interim Waiver 
and Petition for Waiver (``Initial Petition'') from the test procedures 
applicable to its R410A models of the CITY MULTI Variable Refrigerant 
Flow Zoning (``VRFZ'') line of residential and commercial package air 
conditioning and heating equipment. The applicable test procedures for 
residential air-conditioning and heating equipment are found in 10 CFR 
part 430, subpart B, Appendix M; EPCA requires DOE to base its test 
procedures for similar commercial equipment on industry test standards. 
See 42 U.S.C. 6314(a)(4)(A). In particular, MEUS requested a waiver 
from the residential test procedures contained in 10 CFR part 430, 
subpart B, Appendix M, and a waiver from the commercial test procedures 
contained in Air-Conditioning and Refrigeration Institute (ARI) 
Standard 210/240-2003 and in ARI Standard 340/360-2000. MEUS seeks a 
waiver from the applicable test procedures because, MEUS asserts, the 
design characteristics of the R410A systems prevent testing according 
to the currently prescribed test procedures.
    On March 24, 2006, the Department of Energy (hereafter 
``Department'' or ``DOE'') published MEUS's Petition for Waiver and 
granted the Application for Interim Waiver.\1\ On April 11, 2006, MEUS 
submitted a Corrected Petition for Waiver of Test Procedure and 
Application for Interim Waiver (``Corrected Petition'') to DOE. The 
Corrected Petition noted five minor errors in the list of model numbers 
for which the waiver and the interim waiver had been requested. MEUS 
requested that the interim waiver granted apply to the corrected list 
of model numbers, and that DOE use the corrected list of model numbers 
in any future actions regarding the Petition for Test Procedure Waiver.
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    \1\ Energy Conservation Program for Consumer Products: 
Publication of the Petition for Waiver and Granting of the 
Application for Interim Waiver of Mitsubishi Electric From the DOE 
Residential and Commercial Package Air Conditioner and Heat Pump 
Test Procedures (Case No. CAC-012), 71 Fed. Reg. 14858 (Mar. 24, 
2006) (hereinafter, Publication).
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II. Corrected Petition for Waiver of Test Procedure and Application for 
Interim Waiver

    In the Corrected Petition, MEUS states that four of the corrections 
relate to typographical errors in the initial filing. In the list of 
models provided in MEUS's Initial Petition, MEUS inadvertently listed 
the PFFY Series Floor Standing model numbers as ``PEFY'' instead of 
``PFFY,'' and inadvertently listed the PLFY and PMFY series model 
numbers as ``PEFY `` instead of ``PLFY'' and ``PMFY.'' MEUS requests 
that on page 4 of the Initial Petition, four model numbers should be 
revised as follows:
     The ``PFFY Series--Floor Standing (Concealed)--PEFY-P06/
08/12/15/18/24***-*'' listing should be revised to read, ``PFFY 
Series--Floor Standing (Concealed)--PFFY-P06/08/12/15/18/24***-*'';
     The ``PFFY Series--Floor Standing (Exposed)--PEFY-P06/08/
12/15/18/24***-*'' listing should be revised to read, ``PFFY Series--
Floor Standing (Exposed)--PFFY-P06/08/12/15/18/24***-*'';
     The ``PLFY Series--4-Way Airflow Ceiling Cassette--PEFY-
P12/18/24/30/36***-*'' listing should be revised to read, ``PLFY 
Series--4-Way Airflow Ceiling Cassette--PLFY-P12/18/24/30/36***-*,'' 
and
     The ``PMFY Series--1-Way Airflow Ceiling Cassette--PEFY-
P06/08/12/15***-*'' listing should be revised to read, ``PMFY Series--
1-Way Airflow Ceiling Cassette--PMFY-P06/08/12/15***-*.''
    According to MEUS, the fifth correction reflects an updated model 
number designation. At the time MEUS submitted its Initial Petition, 
MEUS anticipated that the model number for the CITY MULTI Variable 
Refrigerant Flow Zoning System S-Series Outdoor Equipment would be 
PUMY-P48TGMU-*. The actual model number designation for its S-Series 
products was, however, PUMY-P48NHMU-*. MEUS states that this change in 
designation does not reflect any physical or technical changes in the 
S-Series; the update is purely notational. Thus, MEUS requests that the 
model number for the S-Series on page 4 of the Initial Petition be 
changed from ``PUMY-P48TGMU-*, 48,000 Btu/h, 208/230-1-60 split-system 
variable-speed heat pump'' to ``PUMY-P48NHMU-*, 48,000 Btu/h, 208/230-
1-60 split-system variable-speed heat pump.''
    MEUS asserts that the corrections do not reflect any physical or 
technical changes in the models listed in MEUS's Initial Petition. The 
corrections simply address four typographical errors and update a 
notation in model designation. Therefore, MEUS requests that the 
interim waiver granted on March 24, 2006, should be interpreted to 
apply to the models listed in the Corrected Petition. In addition, MEUS 
requests that DOE use the corrected list of model numbers in any future 
action on the Petition for Test Procedure Waiver.

III. Discussion

    The Department has reviewed MEUS's Initial Petition and its request 
to correct five minor errors in the list of model numbers for which 
MEUS requested the waiver and interim waiver. The requested corrections 
do not reflect any physical or technical changes in the models listed 
in MEUS's Initial Petition. The corrections simply address four 
typographical errors and update a notation in model designation. Given 
that the corrections do not represent a request for coverage of 
additional or different products, and do not change in any way the 
basis for granting the interim waiver, DOE finds that it is appropriate 
that the interim waiver granted on March 24, 2006, apply to the models 
listed in the Corrected Petition. DOE thus clarifies that the March 24, 
2006, interim waiver applies to the models listed in the Corrected 
Petition, and DOE will use the corrected list of model numbers in any

[[Page 45049]]

future action on the pending Petition for Test Procedure Waiver.

    Issued in Washington, DC, on July 31, 2006.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. E6-12851 Filed 8-7-06; 8:45 am]
BILLING CODE 6450-01-P