[Federal Register Volume 74, Number 85 (Tuesday, May 5, 2009)]
[Notices]
[Pages 20688-20694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10320]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. CAC-021]


Energy Conservation Program for Commercial Equipment: Publication 
of the Petition for Waiver From LG Electronics, Inc. and Granting of 
the Application for Interim Waiver From the Department of Energy 
Commercial Package Air Conditioner and Heat Pump Test Procedure

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

ACTION: Notice of petition for waiver, granting of application for 
interim waiver, and request for comments.

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SUMMARY: This notice announces receipt of and publishes a Petition for 
Waiver from LG Electronics, Inc. (LG). The Petition for Waiver 
(hereafter ``LG Petition'') requests a waiver from the Department of 
Energy (DOE) test procedure applicable to commercial package air-cooled 
central air conditioners and heat pumps. The waiver request is specific 
to the LG variable capacity Multi V (commercial) multi-split central 
air conditioners. Through this document, DOE is: (1) Soliciting 
comments, data, and information with respect to the LG Petition; and 
(2) announcing our determination to grant an Interim Waiver to LG from 
the applicable DOE test procedure for the subject commercial air-
cooled, multi-split air conditioners and heat pumps.

DATES: DOE will accept comments, data, and information with respect to 
the LG Petition until, but no later than June 4, 2009.

ADDRESSES: You may submit comments, identified by case number ``CAC-
021,'' by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: [email protected]. Include either 
the case number [CAC-021], and/or ``LG Petition'' in the subject line 
of the message.
     Mail: Ms. Brenda Edwards, U.S. Department of Energy, 
Building Technologies Program, Mailstop EE-2J/1000 Independence Avenue, 
SW., Washington, DC 20585-0121. Telephone: (202) 586-2945. Please 
submit one signed original paper copy.
     Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department 
of Energy, Building Technologies Program, 950 L'Enfant Plaza, SW., 
Suite 600, Washington, DC 20024. Please submit one signed original 
paper copy.
    Instructions: All submissions received must include the agency name 
and case number for this proceeding. Submit electronic comments in 
WordPerfect, Microsoft Word, Portable Document Format (PDF), or text 
(American Standard Code for Information Interchange (ASCII)) file 
format and avoid the use of special characters or any form of 
encryption. Wherever possible, include the electronic signature of the 
author. Absent an electronic signature, comments submitted 
electronically must be followed and authenticated by submitting the 
signed original paper document. DOE does not accept telefacsimiles 
(faxes).
    Any person submitting written comments must also send a copy of 
such comments to the petitioner, pursuant to 10 CFR 431.401(d). The 
contact information for the petitioner is: Mr. John I. Taylor, Vice 
President, Government Relations, LG Electronics USA, Inc., 1750 K 
Street, NW., Washington, DC 20006.
    According to 10 CFR 1004.11, any person submitting information that 
he or she believes to be confidential and exempt by law from public 
disclosure

[[Page 20689]]

should submit two copies: one copy of the document including all the 
information believed to be confidential, and one copy of the document 
with the information believed to be confidential deleted. DOE will make 
its own determination about the confidential status of the information 
and treat it according to its determination.
    Docket: For access to the docket to review the background documents 
relevant to this matter, you may visit the U.S. Department of Energy, 
950 L'Enfant Plaza, SW., (Resource Room of the Building Technologies 
Program), Washington, DC, 20024; (202) 586-2945, between 9 a.m. and 4 
p.m., Monday through Friday, except Federal holidays. Available 
documents include the following items: (1) This notice; (2) public 
comments received; (3) the Petition for Waiver and Application for 
Interim Waiver; and (4) prior DOE rulemakings regarding similar central 
air conditioning and heat pump equipment. Please call Ms. Brenda 
Edwards at the above telephone number for additional information 
regarding visiting the Resource Room.

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. Telephone: (202) 586-9611. E-mail: [email protected].
    Ms. Francine Pinto or Mr. Michael Kido, U.S. Department of Energy, 
Office of the General Counsel, Mail Stop GC-72, Forrestal Building, 
1000 Independence Avenue, SW., Washington, DC 20585-0103. Telephone: 
(202) 586-9507. E-mail: [email protected] or 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background and Authority

    Title III of the Energy Policy and Conservation Act (EPCA) sets 
forth a variety of provisions concerning energy efficiency, including 
Part A of Title III, which establishes the ``Energy Conservation 
Program for Consumer Products Other Than Automobiles.'' \1\ (42 U.S.C. 
6291-6309) Similar to the program in Part A, Part A-1 of Title III 
provides for an energy efficiency program titled, ``Certain Industrial 
Equipment,'' which includes commercial air conditioning equipment, 
package boilers, water heaters, and other types of commercial 
equipment.\2\ (42 U.S.C. 6311-6317)
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    \1\ This part was originally titled part B but it was 
redesignated as part A in the United States Code for editorial 
reasons.
    \2\ This part was originally titled Part C but it was 
redesignated as Part A-1 in the United States Code for editorial 
reasons.
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    Today's notice involves commercial equipment under Part A-1. Part 
A-1 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 A-1 generally authorizes the Secretary 
of Energy (the Secretary) to prescribe test procedures that are 
reasonably designed to produce results which 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 air-conditioning 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, 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. DOE adopted ARI 
Standard 340/360-2004, ``Performance Rating of Commercial and 
Industrial Unitary Air-Conditioning and Heat Pump Equipment,'' for 
small and large commercial package air-cooled heat pumps with 
capacities >= 65,000 Btu/h and < 760,000 British thermal units per hour 
(Btu/h). Id. at 71371. Pursuant to this rulemaking, DOE's regulations 
at 10 CFR 431.95(b)(2) incorporate by reference ARI Standard 340/360-
2004, and Table 1 to 10 CFR 431.96 directs manufacturers of commercial 
package air-cooled air conditioning and heating equipment to use the 
appropriate procedure when measuring energy efficiency of those 
products. (The cooling capacities of LG's commercial Multi V multi-
split air conditioning products, which are at issue in the waiver 
petition filed by LG, range from 76,400 Btu/hr to 310,000 Btu/hr, 
thereby resulting in these products falling within the range of ARI 
Standard 340/360-2004, which covers products 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 
which 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). The 
waiver provisions for commercial equipment are found at 10 CFR 431.401 
and are substantively identical to those for covered consumer products. 
Petitioners must include in their petition any alternate test 
procedures known 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 
generally terminate on the effective date of a final rule, which 
prescribes amended test procedures appropriate to the model series 
manufactured by the petitioner, thereby eliminating any need for the 
continuation of the waiver. 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 a period of 180 
days or until DOE issues its determination on the Petition for Waiver, 
whichever occurs first, and it

[[Page 20690]]

may be extended by DOE for an additional 180 days, if necessary. 10 CFR 
431.401(e)(4).

II. Petition for Waiver

    On April 28, 2008, LG filed a Petition for Waiver from the test 
procedures at 10 CFR 431.96, which are applicable to commercial package 
air-cooled central air conditioners, and an Application for Interim 
Waiver. The capacities of the LG Multi V multi-split heat pumps range 
from 76,400 Btu/hr to 310,000 Btu/hr, making the applicable test 
procedure for LG's commercial Multi V Plus II and Multi V Sync II 
multi-split air conditioners ARI Standard 340/360-2004, which 
manufacturers are directed to use pursuant to Table 1 of 10 CFR 431.96.
    LG seeks a waiver from the applicable test procedures under 10 CFR 
431.96 on the grounds that its Multi V multi-split central air 
conditioners contain design characteristics that prevent testing 
according to the current DOE test procedures. Specifically, LG asserts 
that the two primary factors that prevent testing of multi-split 
variable speed products, regardless of manufacturer, are the same 
factors stated in the waivers that DOE granted to Mitsubishi Electric & 
Electronics USA, Inc. (Mitsubishi) for a similar line 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. 69 FR 52661 (August 27, 2004) (Mitsubishi); 72 
FR 17528 (April 9, 2007) (Mitsubishi); 72 FR 71383 (December 17, 2007) 
(Fujitsu); 72 FR 71387 (December 17, 2007) (Samsung).
    The Multi V systems have operational characteristics similar to 
other commercial multi-split products manufactured by Mitsubishi, 
Samsung, Fujitsu and Daikin, all of which have already been granted 
waivers. Each of the Multi V system indoor units is designed to be used 
with up to 52 other indoor units, which need not be the same models. 
There are 70 different indoor models. In certain high-capacity 
applications, LG's Multi V systems have the capability to combine two 
outdoor units to create a larger capacity system. Accordingly, LG 
requests that DOE grant a waiver from the applicable test procedures 
for its Multi V product designs, until a suitable test method can be 
prescribed.

III. Application for Interim Waiver

    On April 28, 2008, in addition to its Petition for Waiver, LG 
submitted to DOE an Application for Interim Waiver. LG's Application 
for Interim Waiver does not provide sufficient information to evaluate 
the level of economic hardship LG will likely experience if its 
Application for Interim Waiver is denied. However, in those instances 
where the likely success of the Petition for Waiver has been 
demonstrated, based upon DOE having granted a waiver for similar 
product designs, it is in the public interest to have similar products 
tested and rated for energy consumption on a comparable basis. DOE has 
previously granted Interim Waivers to Fujitsu (70 FR 5980 (Feb. 4, 
2005)), Samsung (70 FR 9629 (Feb. 28, 2005)), Mitsubishi (72 FR 17533 
(April 9, 2007)), and Daikin (72 FR 35986 (July 2, 2007)), for 
comparable commercial multi-split air conditioners and heat pumps.
    Moreover, as noted above, DOE approved the Petitions for Waiver 
from Mitsubishi (72 FR 17528 (April 9, 2007)), Fujitsu (72 FR 71383 
(Dec. 17, 2007)), Samsung (72 FR 71387 (Dec. 17, 2007)), and Daikin (73 
FR 39680 (July 10, 2008)), for their comparable lines of multi-split 
air conditioners and heat pumps. The two principal reasons supporting 
the grant of these waivers also apply to LG's Multi V products: (1) 
Test laboratories cannot test products with so many indoor units; \3\ 
and (2) it is impractical to test so many combinations of indoor units 
with each outdoor unit. Thus, DOE has determined that it is likely that 
LG's Petition for Waiver will be granted for its new Multi V multi-
split models. Therefore, it is ordered that:
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    \3\ \\ According to the LG petition, up to 52 indoor units of 
its commercial package multi-split air conditioners may be connected 
in a single system. However, DOE believes that, based on 
communications with multi-split manufacturers and commercial testing 
laboratories, test room limitations at laboratory testing facilities 
make testing this number of indoor units extremely difficult.
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    The Application for Interim Waiver filed by LG is hereby granted 
for LG's Multi V air-cooled multi-split central air conditioners, 
subject to the specifications and conditions below.
    1. LG shall not be required to test or rate its Multi V commercial 
air-cooled multi-split products on the basis of the currently 
applicable test procedure under 10 CFR 431.96, which incorporates by 
reference ARI Standard 340/360-2004.
    2. LG shall be required to test and rate its Multi V commercial 
air-cooled multi-split products according to the alternate test 
procedure as set forth in section IV(3), ``Alternate test procedure.''
    The Interim Waiver applies to the following models:

Multi V Series Outdoor Units

    Plus II 3[Oslash] 460V 60 Hz models: ARUN076DT2, ARUN096DT2, 
ARUN115DT2, ARUN134DT2, ARUN154DT2, ARUN173DT2, ARUN192DT2, ARUN211DT2, 
ARUN230DT2, ARUN250DT2, ARUN270DT2, ARUN290DT2, and ARUN310DT2 with 
nominally rated cooling capacities of 76,400, 95,900, 114,700, 133,800, 
152,900, 172,000, 191,100, 211,000, 230,000, 250,000, 270,000, 290,000, 
and 310,000 Btu/h respectively. The maximum number of connectable 
indoor units is 13, 16, 20, 23, 26, 29, 32, 35, 39, 42, 49, and 52 
respectively.
    Plus II 3[Oslash] 230/208V 60 Hz models: ARUN076BT2, ARUN096BT2, 
ARUN115BT2, ARUN154BT2, ARUN173BT2, ARUN192BT2, ARUN211BT2, and 
ARUN230BT2 with nominally rated cooling capacities of 76,400, 95,900, 
114,700, 152,900, 172,000, 191,100, 211,000, and 230,000 Btu/h 
respectively. The maximum number of connectable indoor units is 13, 16, 
20, 26, 29, 32, 35, and 39 respectively.
    Sync II 3[Oslash] 230/208V 60 Hz models: ARUB076BT2, ARUB096BT2, 
ARUB115BT2, ARUB154BT2, ARUB173BT2, ARUB192BT2, ARUB211BT2, and 
ARUB230BT2 with nominally rated cooling capacities of 76,400, 95,900, 
114,700, 152,900, 172,000, 191,000, 211,000, and 230,000 Btu/h 
respectively. The maximum number of connectable indoor units is 13, 16, 
20, 26, 29, 32, 35, and 39 respectively.

Compatible Indoor Units for the Above-Listed Outdoor Units

    Wall Mounted: ARNU073SEL2, ARNU093SEL2, ARNU123SEL2, ARNU153SEL2, 
ARNU183S5L2, and ARNU243S5L2 with nominally rated cooling capacities of 
7,500, 9,600, 12,300, 15,400, 19,100, and 24,200 Btu/h respectively.
    Art Cool Gallery: ARNU073SF*2, ARNU093SF*2, and ARNU123SF*2 with 
nominally rated cooling capacities of 7,500, 9,600, and 12,300 Btu/h 
respectively.
    Art Cool Mirror: ARNU073SE*2, ARNU093SE*2, ARNU123SE*2, 
ARNU153SE*2, ARNU183S3*2, and ARNU243S3*2 with nominally rated cooling 
capacities of 7,500, 9,600, 12,300, 15,400, 19,100, and 24,200 Btu/h 
respectively.
    4 Way Cassette: ARNU073TEC2, ARNU093TEC2, ARNU123TEC2, ARNU153TEC2, 
ARNU183TEC2, ARNU243TPC2, ARNU283TPC2, ARNU363TNC2, ARNU423TMC2, and

[[Page 20691]]

ARNU483TMC2 with nominally rated cooling capacities of 7,500, 9,600, 
12,300, 15,400, 19,100, 24,200, 28,000, 36,200, 42,000, and 48,100 Btu/
h respectively.
    2 Way Cassette: ARNU183TLC2 and ARNU243TLC2 with nominally rated 
capacities of 19,100 and 24,200 Btu/h respectively.
    1 Way Cassette: ARNU073TJC2, ARNU093TJC2, and ARNU123TJC2 with 
nominally rated capacities of 7,500, 9,600, and 12,300 Btu/h 
respectively.
    Ceiling Concealed Duct--Low Static: ARNU073B1G2, ARNU093B1G2, 
ARNU123B1G2, ARNU153B1G2, ARNU183B2G2, and ARNU243B2G2 with nominally 
rated capacities of 7,500, 9,600, 12,300, 15,400, 19,100, and 24,200 
Btu/h respectively.
    Ceiling Concealed Duct--Built-in: ARNU073B3G2, ARNU093B3G2, 
ARNU123B3G2, ARNU153B3G2, ARNU183B4G2, and ARNU243B4G2 with nominally 
rated capacities of 7,500, 9,600, 12,300, 15,400, 19,100, and 24,200 
Btu/h respectively.
    Ceiling Concealed Duct--High Static: ARNU073BHA2, ARNU093BHA2, 
ARNU123BHA2, ARNU153BHA2, ARNU183BHA2, ARNU243BHA2, ARNU283BGA2, 
ARNU363BGA2, ARNU423BGA2, ARNU483BRA2, URNU763B8A2, and URNU963B8A2 
with nominally rated capacities of 7,500, 9,600, 12,300, 15,400, 
19,100, 24,200, 28,000, 36,200, 42,000, 48,100, 76,400, and 95,500 Btu/
h respectively.
    Ceiling & Floor: ARNU093VEA2 and ARNU123VEA2 with nominally rated 
capacities of 9,600 and 12,300 Btu/h respectively.
    Ceiling Suspended: ARNU183VJA2 and ARNU243VJA2 with nominally rated 
capacities of 19,100 and 24,200 Btu/h respectively.
    Floor Standing with Case: ARNU073CEA2, ARNU093CEA2, ARNU123CEA2, 
ARNU153CEA2, ARNU183CFA2, and ARNU243CFA2 with nominally rated 
capacities of 7,500, 9,600, 12,300, 15,400, 19,100, and 24,200 Btu/h 
respectively.
    Floor Standing without Case: ARNU073CEU2, ARNU093CEU2, ARNU123CEU2, 
ARNU153CEU2, ARNU183CFU2, and ARNU243CFU2 with nominally rated 
capacities of 7,500, 9,600, 12,300, 15,400, 19,100, and 24,200 Btu/h 
respectively.
    This Interim Waiver is conditioned upon the presumed validity of 
statements, representations, and documents provided by the petitioner. 
DOE may revoke or modify this Interim Waiver at any time upon a 
determination that the factual basis underlying the Petition for Waiver 
is incorrect, or upon a determination that the results from the 
alternate test procedure are unrepresentative of the basic models' true 
energy consumption characteristics.

IV. Alternate Test Procedure

    Responding to two recent Petitions for Waiver from Mitsubishi, DOE 
specified an alternate test procedure to provide a basis from which 
Mitsubishi could test and make valid energy efficiency representations 
for its R410A CITY MULTI products, as well as for its R22 multi-split 
products. 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. For reasons similar to those published in these 
prior notices, DOE believes that an alternate test procedure is needed 
in this instance.
    In general, DOE understands that existing testing facilities have a 
limited ability to test multiple indoor units simultaneously, and the 
large number of possible combinations of indoor and outdoor units for 
some variable refrigerant flow zoned systems makes it impractical for 
manufacturers to test. We further note that subsequent to the waiver 
that DOE granted for Mitsubishi's R22 multi-split products, ARI formed 
a committee to discuss the issue and to work on developing an 
appropriate testing protocol for variable refrigerant flow systems. 
However, to date, no additional test methodologies have been adopted by 
the committee or submitted to DOE.
    Therefore, as discussed below, as a condition for granting this 
Interim Waiver to LG, DOE is including an alternate test procedure 
similar to those granted to Mitsubishi for its R22 and R410A products. 
DOE plans to consider the same alternate test procedure in the context 
of the subsequent Decision and Order pertaining to LG's Petition for 
Waiver. Utilization of this alternate test procedure will allow LG to 
test and make energy efficiency representations for its Multi V 
products. More broadly, DOE is also applying a similar alternate test 
procedure to other waivers for similar residential and commercial 
central air conditioners and heat pumps. Such cases include petitions 
for waiver involving multi-split products manufactured by Samsung (72 
FR 71387 (Dec. 17, 2007)), Fujitsu (72 FR 71383 (Dec. 17, 2007)), and 
Daikin (73 FR 39680 (July 10, 2008)).
    The alternate test procedure developed in conjunction with the 
Mitsubishi waiver has two basic components. First, it permits LG to 
designate a ``tested combination'' for each model of outdoor unit. The 
indoor units designated as part of the tested combination must meet 
specific requirements. For example, the tested combination must have 
from two to eight indoor units so that it can be tested in available 
test facilities.\4\ The tested combination must be tested according to 
the applicable DOE test procedure, as modified by the provisions of the 
alternate test procedure as set forth below.
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    \4\ \\ The ``tested combination'' was originally defined to 
consist of one outdoor unit matched with between 2 and 5 indoor 
units. The maximum number of indoor units in a tested combination is 
increased in this instance from 5 to 8 to account for the fact that 
these larger-capacity products can accommodate a greater number of 
indoor units.
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    Second, DOE believes that an alternate test procedure is needed so 
that manufacturers of such products can make valid and consistent 
representations of energy efficiency for their air-conditioning and 
heat pump products. In the present case, DOE is modifying the alternate 
test procedure taken from the above-referenced waiver granted to 
Mitsubishi for its R410A and R22 CITY MULTI products. DOE plans to 
consider inclusion of the following waiver language in the Decision and 
Order for LG's Multi V commercial multi-split air-cooled heat pump 
models:
    (1) The ``Petition for Waiver'' filed by LG Electronics, Inc. is 
hereby granted as set forth in the paragraphs below.
    (2) LG shall not be required to test or rate its Multi V variable 
capacity multi-split heat pump products listed above in section III, on 
the basis of the currently applicable test procedures, but shall be 
required to test and rate such products according to the alternate test 
procedure as set forth in paragraph (3).
    (3) Alternate test procedure.
    (A) LG shall be required to test the products listed in section III 
above according to the test procedures for central air conditioners and 
heat pumps prescribed by DOE at 10 CFR 431.96, except that LG shall 
test a ``tested combination'' selected in accordance with the 
provisions of subparagraph (B) of this paragraph. For every other 
system combination using the same outdoor unit as the tested 
combination, LG shall make representations concerning the Multi V 
products covered in this waiver according to the provisions of 
subparagraph (C) below.
    (B) Tested combination. The term ``tested combination'' means a 
sample basic model comprised of units that are production units, or are 
representative of production units, of the basic model being tested. 
For the purposes of this

[[Page 20692]]

waiver, the tested combination shall have the following features:
    (1) The basic model of a variable refrigerant flow system used as a 
tested combination shall consist of one outdoor unit, with one or more 
compressors, that is matched with between 2 and 8 indoor units; for 
multi-split systems, each of these indoor units shall be designed for 
individual operation.
    (2) The indoor units shall--
    (i) Represent the highest sales model family, or another indoor 
model family if the highest sales model family does not provide 
sufficient capacity (see ii);
    (ii) Together, have a nominal cooling capacity that is between 95% 
and 105% of the nominal cooling capacity of the outdoor unit;
    (iii) Not, individually, have a nominal cooling capacity that is 
greater than 50% of the nominal cooling capacity of the outdoor unit;
    (iv) Operate at fan speeds that are consistent with the 
manufacturer's specifications; and
    (v) All be subject to the same minimum external static pressure 
requirement while being configurable to produce the same static 
pressure at the exit of each outlet plenum when manifolded as per 
section 2.4.1 of 10 CFR Part 430, Subpart B, Appendix M.
    (C) Representations. In making representations about the energy 
efficiency of its Multi V variable capacity air-cooled multi-split heat 
pump and heat recovery system products, for compliance, marketing, or 
other purposes, LG must fairly disclose the results of testing under 
the DOE test procedure, doing so in a manner consistent with the 
provisions outlined below:
    (1) For Multi V combinations tested in accordance with this 
alternate test procedure, LG may make representations based on these 
test results.
    (2) For Multi V combinations that are not tested, LG may make 
representations based on the testing results for the tested combination 
and which is consistent with either of the two following methods, 
except that only method (i) may be used, if available:
    (i) Representation of non-tested combinations according to an 
Alternative Rating Method (ARM) approved by DOE; or
    (ii) Representation of non-tested combinations at the same energy 
efficiency level as the tested combination with the same outdoor unit.

V. Summary and Request for Comments

    Through today's notice, DOE announces receipt of the LG Petition 
for Waiver from the test procedures applicable to LG's Multi V 
commercial multi-split heat pump products, and for the reasons 
articulated above, DOE is granting LG an Interim Waiver from those 
procedures. As part of this notice, DOE is publishing LG's Petition for 
Waiver in its entirety. The Petition contains no confidential 
information. Furthermore, today's notice includes an alternate test 
procedure that LG is required to follow as a condition of its Interim 
Waiver and that DOE is considering including in its subsequent Decision 
and Order. In this alternate test procedure, DOE is defining a ``tested 
combination'' which LG could use in lieu of testing all retail 
combinations of its Multi V multi-split heat pump products.
    Furthermore, should a subsequent manufacturer be unable to test all 
retail combinations, DOE is considering allowing such manufacturers to 
rate waived products according to an ARM approved by DOE, or to rate 
waived products in the same manner as the specified tested combination 
with the same outdoor unit. DOE is also considering applying a similar 
alternate test procedure to other comparable Petitions for Waiver for 
residential and commercial central air conditioners and heat pumps. 
Such cases include Daikin's Petition for Waiver for its Variable 
Refrigerant Volume (VRV) products at 72 FR 35986 (July 2, 2007), and 
Mitsubishi's Petition for Waiver for its water source variable 
refrigerant flow products at 72 FR 17533 (April 9, 2007).
    DOE is interested in receiving comments on the issues addressed in 
this notice. Pursuant to 10 CFR 431.401(d), any person submitting 
written comments must also send a copy of such comments to the 
petitioner, whose contact information is included in the section 
entitled ADDRESSES section above.

    Issued in Washington, DC, on April 21, 2009.
Steven G. Chalk,
Principal Deputy Assistant Secretary, Energy Efficiency and Renewable 
Energy.

April 28, 2008
The Honorable Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy,
United States Department of Energy,
Forrestal Building,
1000 Independence Avenue, SW.,
Washington, DC 20585.
Re: Petition for Waiver and Application for Interim Waiver, LG 
Electronics Multi V Multi-Split Air Conditioning Systems

    Dear Mr. Karsner: LG Electronics, Inc. (LG) respectfully submits 
this Petition for Waiver and Application for Interim Waiver, 
pursuant to 10 CFR 431.401, for LG Multi V multi-split air 
conditioning systems, specifically Multi V Plus II and Multi V Sync 
II systems.\1\
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    \1\ This request is a revision of the request dated April 16, 
2008. It adds some outdoor models and changes certain model numbers.
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    Among other things, the applicable test procedure does not 
provide a method for testing and rating a system that utilizes so 
many indoor units; the applicable test procedure does not provide a 
method for rating systems where the type and capacity of the indoor 
unit can be mixed in the same system; and no testing laboratories 
can test products with so many indoor units.
    Waiver relief has been granted for many other comparable 
commercial multi-splits, including Mitsubishi, Samsung, Fujitsu, 
Sanyo Fisher, and Daikin. See 69 FR 52660 (Aug. 27, 2004) 
(Mitsubishi); 71 FR 14858 (March 24, 2006) (Mitsubishi); 72 FR 17528 
(April 9, 2007) (Mitsubishi); 70 FR 9629 (Feb. 28, 2005) (Samsung); 
72 FR 71387 (Dec. 17, 2007) (Samsung); 72 FR 71383 (Dec. 17, 2007 
(Fujitsu); 73 FR 179 (Jan. 2, 2008) (Sanyo Fisher); 73 FR 1207, 1213 
(Jan. 7, 2008) (Daikin).
    LG is a manufacturer of digital appliances, as well as mobile 
communications, digital displays, and digital media products. Its 
appliances include air-conditioners, washing machines, clothes 
dryers, refrigerators, refrigerator-freezers, air cleaners, ovens, 
microwave ovens, dishwashers, and vacuum cleaners and are sold 
worldwide, including in the United States. LG's U.S. operations are 
LG Electronics USA, Inc., with headquarters at 1000 Sylvan Avenue, 
Englewood Cliffs, NJ 07632 (tel. 201-816-2000). Its worldwide 
headquarters are located at LG Twin Towers 20, Yoido-dong, 
Youngdungpo-gu Seoul, Korea 150-721 (tel. 011-82-2-3777-1114) URL: 
http.www.LGE.com. LG's principal brands include LG[supreg] and OEM 
brands, including GE[supreg] and Kenmore[supreg]. LG's appliances 
are produced in Korea and Mexico.
    LG's Multi V systems are beneficial products, each consisting of 
a single outdoor unit, using a scroll type inverter compressor with 
variable capacity, that can connect to multiple indoor units and 
that uses variable refrigerant flow and control systems. (In certain 
high capacity applications [152,900 Btu/h and above], a consumer can 
choose between a system using a single outdoor unit and a system 
using two outdoor units.) These multi-splits are intended to be used 
in zoning systems where an outdoor unit can be connected with up to 
between 13 and 52 separate indoor units in a zoned system, which 
need not be the same models. The operating characteristics allow 
each indoor unit to have a different set temperature and a different 
mode of operation (i.e., on/off/fan). All of the indoor units are 
capable of operating independently, with their own temperature and 
fan speed setting. Based on those controls, the outdoor unit will 
then determine the cooling or heating capacity delivered into the 
zones. The system therefore offers great flexibility and

[[Page 20693]]

convenience to the consumer, permitting precise space conditioning 
control throughout the building, and thus saving energy. The cooling 
capacities of the systems are between 76,400 and 310,000 Btu/h. 
There are 29 outdoor units and 70 indoor units. Model numbers and 
related descriptions are set forth in Appendix A.
    The variable speed, constant speed or dual compressors and the 
associated system controls can direct refrigerant flow throughout 
the system to precisely meet the various heating or cooling loads 
required in the conditioned areas. The compressor is capable of 
reducing its operating capacity to as little as 10 percent 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 the system to have a total connected indoor unit 
capacity of up to 130 percent of the capacity of the outdoor unit.
    As discussed above, up to between 13 and 52 indoor units can be 
matched with each related outdoor unit. Thus, for each outdoor unit 
there is a multitude of possible combinations of indoor units that 
can be matched in a system configuration. And since there are 29 
outdoor units and 70 indoor units, there is an enormous total of 
possible combinations.
    A waiver and interim waiver for LG Multi V systems are warranted 
because test procedures under the Energy Policy and Conservation Act 
(EPCA), 42 U.S.C. 6291 et seq., namely 10 CFR 431.96, evaluate the 
basic models in a manner so unrepresentative of their true energy 
consumption characteristics as to provide materially inaccurate 
comparative data, and/or the basic models contain one or more design 
characteristics that prevent testing of the basic model according to 
the prescribed test procedures. In such circumstances DOE ``will 
grant'' waiver relief. 10 CFR 431.401(e)(3), (f)(4). In that regard:
    --The test procedure provides for testing of a pair of indoor 
and outdoor assemblies making up a typical split system, but does 
not specify how LG Multi V systems, with so many combinations of 
indoor units for each outdoor unit, could be evaluated. The 
situation is further complicated by the fact that there are 29 
outdoor units. It is not practical to test each possible 
combination, and the test procedure provides no alternative rating 
method for generating efficiency ratings for systems with more than 
one indoor unit. Thus, the test procedure does not contemplate, and 
cannot practically be applied to, LG Multi V systems.
    --Testing laboratories cannot test products with so many indoor 
units. In that regard, the testing of multi-splits when all indoor 
units are connected cannot be physically located in a single room.
    --The test procedure provides for testing ``matched 
assemblies,'' which does not apply to LG Multi V systems. 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 Multi V systems, however, the sum of the 
capacity of the indoor units connected into the system can be as 
much as 130 percent of the capacity of the outdoor coil. Such 
unbalanced combinations of LG 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'' therefore 
does not contemplate or address testing for substantially unbalanced 
zoning systems such as the LG Multi V systems.
    --The indoor units are designed to operate at many different 
external static pressure values, which compounds the difficulty of 
testing LG Multi V systems. A test facility could not maintain 
proper airflow at several different external static pressure values 
for the many indoor units that would be connected to the outdoor 
unit.
    * * *
    For all of these reasons, the existing test procedures evaluate 
the LG Multi V systems in a manner so unrepresentative of their true 
energy consumption characteristics as to provide materially 
inaccurate comparative data and/or the basic models contain one or 
more design characteristics that prevent testing of the basic model 
according to the prescribed test procedures. Therefore, DOE should 
grant a waiver for LG Multi V systems. See 10 CFR 431.401(a)(1). The 
waiver should continue until a test procedure can be developed and 
adopted that will provide the U.S. market with a fair and accurate 
assessment of the LG Multi V system energy consumption and 
efficiency levels. LG intends to work with DOE, stakeholders, and 
the Air-Conditioning and Refrigeration Institute (ARI) to develop 
the appropriate test procedure.
    There are no alternative test procedures known to LG that could 
evaluate these products in a representative manner (other than 
perhaps the procedures provided by DOE in its waiver decisions for 
comparable products).
    That a waiver is warranted is borne out by the fact that DOE has 
granted waiver relief to Mitsubishi, Samsung, Fujitsu, Sanyo Fisher, 
and Daikin for comparable commercial multi-splits.
    Manufacturers of all other basic models marketed in the United 
States and known to LG to incorporate similar design characteristics 
as found in the LG Multi V systems include Mitsubishi Electric and 
Electronics USA, Mitsubishi Heavy Industries Climate Control, Inc., 
Samsung Air Conditioning, Fujitsu General Limited, Sanyo Fisher 
(USA) Corp., and Daikin AC (Americas), Inc.
    LG also requests immediate relief by grant of an interim waiver. 
Grant of an interim waiver is fully justified:
    --The petition for waiver is likely to be granted, as evidenced 
not only by its merits, but also because DOE has already granted 
waiver relief to Mitsubishi, Samsung, Fujitsu, Sanyo Fisher, and 
Daikin for their commercial multi-splits. In such instances, it is 
in the public interest to have similar products tested and rated for 
energy consumption on a comparable basis.
    --Without waiver relief, LG will be at a competitive 
disadvantage in the market and suffer economic hardship. LG would be 
placed in an untenable situation: the Multi V systems would be 
subject to a set of regulations that DOE already acknowledges should 
not apply to such a product, while at the same time other 
manufacturers are allowed to operate relieved from such regulations.
    --Significant investment has already been made in LG Multi V 
systems. Lack of relief would not allow LG to recoup this investment 
and would deny LG anticipated sales revenue. This does not take into 
account significant losses in goodwill and brand acceptance.
    --The basic purpose of EPCA is to foster purchase of energy-
efficient products, not hinder such purchases. LG Multi V systems 
produce a benefit to consumers and are in the public interest. To 
encourage and foster the availability of these products is in the 
public interest. Standards programs should not be used as a means to 
block innovative, improved designs.\2\ DOE's rules should 
accommodate and encourage--not act to block--such a product.
---------------------------------------------------------------------------

    \2\ See FTC Advisory Opinion No. 457, TRRP 1718.20 (1971 
Transfer Binder); 49 FR 32213 (Aug. 13, 1984); 52 FR 49141, 49147-48 
(Dec. 30, 1987).
---------------------------------------------------------------------------

    --Granting the interim waiver and waiver would also eliminate a 
non-tariff trade barrier.
    --Grant of relief would also help enhance economic development 
and employment, including not only LG Electronics USA's operations 
in New Jersey, Illinois and Alabama, but also at major national 
retailers and regional dealers that carry LG products. Furthermore, 
continued employment creation and ongoing investments in its 
marketing, sales and servicing activities will be fostered by 
approval of the interim waiver. Conversely, denial of the requested 
relief would harm the company and would be anticompetitive.

Conclusion

    LG respectfully requests that DOE grant a waiver and interim 
waiver from existing test standards for LG Multi V multi-split 
systems until such time as a representative test procedure is 
developed and adopted for such products.
    We would be pleased to discuss this request with DOE and provide 
further information as needed.
    We hereby certify that all manufacturers of domestically 
marketed units of the same product type have been notified by letter 
of this petition and application, copies of which letters are 
attached (Appendix B).

Sincerely,
John I. Taylor
Vice President, Government Relations
LG Electronics USA, Inc.
1750 K Street, NW.
Washington, DC 20006
Phone: 202-719-3490
Fax: 847-941-8177
E-mail: [email protected]

Of counsel:

John A. Hodges
Wiley Rein LLP

[[Page 20694]]

1776 K Street, NW.
Washington, DC 20006
Phone: 202-719-7000
Fax: 202-719-7049
E-mail: [email protected]

Appendix A

Multi V Series Outdoor Units

    Plus II 3O 460V 60 Hz models: ARUN076DT2, ARUN096DT2, 
ARUN115DT2, ARUN134DT2, ARUN154DT2, ARUN173DT2, ARUN192DT2, 
ARUN211DT2, ARUN230DT2, ARUN250DT2, ARUN270DT2, ARUN290DT2, and 
ARUN310DT2 with nominally rated cooling capacities of 76,400, 
95,900, 114,700, 133,800, 152,900, 172,000, 191,100, 211,000, 
230,000, 250,000, 270,000, 290,000, and 310,000 Btu/h respectively. 
The maximum number of connectable indoor units is 13, 16, 20, 23, 
26, 29, 32, 35, 39, 42, 49, and 52 respectively.
    Plus II 3O 230/208V 60 Hz models: ARUN076BT2, ARUN096BT2, 
ARUN115BT2, ARUN154BT2, ARUN173BT2, ARUN192BT2, ARUN211BT2, and 
ARUN230BT2 with nominally rated cooling capacities of 76,400, 
95,900, 114,700, 152,900, 172,000, 191,100, 211,000, and 230,000 
Btu/h respectively. The maximum number of connectable indoor units 
is 13, 16, 20, 26, 29, 32, 35, and 39 respectively.
    Sync II 3O 230/208V 60 Hz models: ARUB076BT2, ARUB096BT2, 
ARUB115BT2, ARUB154BT2, ARUB173BT2, ARUB192BT2, ARUB211BT2, and 
ARUB230BT2 with nominally rated cooling capacities of 76,400, 
95,900, 114,700, 152,900, 172,000, 191,000, 211,000, and 230,000 
Btu/h respectively. The maximum number of connectable indoor units 
is 13, 16, 20, 26, 29, 32, 35, and 39 respectively.

Compatible Indoor Units for the Above-Listed Outdoor Units

    Wall Mounted: ARNU073SEL2, ARNU093SEL2, ARNU123SEL2, 
ARNU153SEL2, ARNU183S5L2, and ARNU243S5L2 with nominally rated 
cooling capacities of 7,500, 9,600, 12,300, 15,400, 19,100, and 
24,200 Btu/h respectively.
    Art Cool Gallery: ARNU073SF*2, ARNU093SF*2, and ARNU123SF*2 with 
nominally rated cooling capacities of 7,500, 9,600, and 12,300 Btu/h 
respectively.
    Art Cool Mirror: ARNU073SE*2, ARNU093SE*2, ARNU123SE*2, 
ARNU153SE*2, ARNU183S3*2, and ARNU243S3*2 with nominally rated 
cooling capacities of 7,500, 9,600, 12,300, 15,400, 19,100, and 
24,200 Btu/h respectively.
    4 Way Cassette: ARNU073TEC2, ARNU093TEC2, ARNU123TEC2, 
ARNU153TEC2, ARNU183TEC2, ARNU243TPC2, ARNU283TPC2, ARNU363TNC2, 
ARNU423TMC2, and ARNU483TMC2 with nominally rated cooling capacities 
of 7,500, 9,600, 12,300, 15,400, 19,100, 24,200, 28,000, 36,200, 
42,000, and 48,100 Btu/h respectively.
    2 Way Cassette: ARNU183TLC2 and ARNU243TLC2 with nominally rated 
capacities of 19,100 and 24,200 Btu/h respectively.
    1 Way Cassette: ARNU073TJC2, ARNU093TJC2, and ARNU123TJC2 with 
nominally rated capacities of 7,500, 9,600, and 12,300 Btu/h 
respectively.
    Ceiling Concealed Duct--Low Static: ARNU073B1G2, ARNU093B1G2, 
ARNU123B1G2, ARNU153B1G2, ARNU183B2G2, and ARNU243B2G2 with 
nominally rated capacities of 7,500, 9,600, 12,300, 15,400, 19,100, 
and 24,200 Btu/h respectively.
    Ceiling Concealed Duct--Built-in: ARNU073B3G2, ARNU093B3G2, 
ARNU123B3G2, ARNU153B3G2, ARNU183B4G2, and ARNU243B4G2 with 
nominally rated capacities of 7,500, 9,600, 12,300, 15,400, 19,100, 
and 24,200 Btu/h respectively.
    Ceiling Concealed Duct--High Static: ARNU073BHA2, ARNU093BHA2, 
ARNU123BHA2, ARNU153BHA2, ARNU183BHA2, ARNU243BHA2, ARNU283BGA2, 
ARNU363BGA2, ARNU423BGA2, ARNU483BRA2, URNU763B8A2, and URNU963B8A2 
with nominally rated capacities of 7,500, 9,600, 12,300, 15,400, 
19,100, 24,200, 28,000, 36,200, 42,000, 48,100, 76,400, and 95,500 
Btu/h respectively.
    Ceiling & Floor: ARNU093VEA2 and ARNU123VEA2 with nominally 
rated capacities of 9,600 and 12,300 Btu/h respectively.
    Ceiling Suspended: ARNU183VJA2 and ARNU243VJA2 with nominally 
rated capacities of 19,100 and 24,200 Btu/h respectively.
    Floor Standing with Case: ARNU073CEA2, ARNU093CEA2, ARNU123CEA2, 
ARNU153CEA2, ARNU183CFA2, and ARNU243CFA2 with nominally rated 
capacities of 7,500, 9,600, 12,300, 15,400, 19,100, and 24,200 Btu/h 
respectively.
    Floor Standing without Case: ARNU073CEU2, ARNU093CEU2, 
ARNU123CEU2, ARNU153CEU2, ARNU183CFU2, and ARNU243CFU2 with 
nominally rated capacities of 7,500, 9,600, 12,300, 15,400, 19,100, 
and 24,200 Btu/h respectively.

Appendix B

Certification

    This is to certify that LG Electronics, Inc. has sent by next 
day delivery a copy of its petition for waiver and application for 
interim waiver for LG Multi V multi-split air conditioning systems, 
known to LG, of domestically marketed units of the same product type 
(as listed the Energy Policy and Conservation Act, as amended, 42 
U.S.C. 6311). The cover letter to each person states that the person 
may submit comments to DOE.
    Attached are the names and addresses of each person to whom a 
copy of the petition and waiver was sent by next day delivery.
 Certified by:

John I. Taylor,
Vice President, Government Relations,
LG Electronics USA, Inc.,
1750 K Street, NW.,
Washington, DC 20006,
Phone: 202-719-3490,
Fax: 847-941-8177,
E-mail: [email protected]

Date: April 28, 2008

April 28, 2008
To Whom It May Concern:
Re: LG Electronics, Inc. Petition for Waiver and Application for 
Interim Waiver; Opportunity for Comment
    This is to notify you by next day delivery of LG Electronics 
Inc.'s enclosed Petition for Waiver and Application for Interim 
Waiver of the United States Department of Energy (DOE) regulations 
on energy conservation test procedures. In accordance with DOE 
rules, we are also advising you of your opportunity to comment to 
DOE. The Assistant Secretary for Conservation and Renewable Energy 
will consider timely written comments. Comments are to be submitted 
to: Assistant Secretary for Energy Efficiency and Renewable Energy, 
U.S. Department of Energy, 1000 Independence Avenue, SW, Washington, 
DC 20585-0107
    Pursuant to DOE's rules, please provide us with a copy of any 
comments.
    Sincerely,
John I. Taylor,
Vice President, Government Relations,
LG Electronics USA, Inc.,
1750 K Street, NW.,
Washington, DC 20006,
Phone: 202-719-3490,
Fax: 847-941-8177,
E-mail: [email protected]

Daikin AC (Americas), Inc., 1645 Wallace Drive, Suite 110, 
Carrollton, TX 75006, Attn: Yoshinobu Inoue, President
Fujitsu General America, Inc., 353 Route 46 West, Fairfield, NJ 
07004, Attn: Roy Kuczera, Senior Vice President of HVAC Sales, and 
Arturo Thur De Koos, Engineering & Technical Support
Mitsubishi Electric & Electronics USA, Inc., 4300 Lawrenceville-
Suwanee Road, Suwanee, GA 30024, Attn: S. William Rau, Senior Vice 
President and General Manager, HVAC Advanced Products Division
Mitsubishi Heavy Industries Climate Control Inc., 3030 E. Victoria 
Street, Rancho Dominguez, CA 90221, Attn: Caesar Ceballos, Technical 
Support Manager
Samsung Air Conditioning, Samsung Electronics Products, LTD., 2865 
Pellissier Pl., Whittier, CA 90601, Attn: John Miles, Director, 
Engineering & Technical Support
Sanyo Fisher (USA) Corp., 1690 Roberts Blvd., Suite 110, Kennesaw, 
GA 30144, Attn: Gary Nettinger, Vice President, Technical and 
Service
Air-Conditioning and Refrigeration Institute, 4100 North Fairfax 
Drive, Suite 200, Arlington, VA 22203, Attn: Stephen R. Yurek, Esq., 
President

[FR Doc. E9-10320 Filed 5-4-09; 8:45 am]
BILLING CODE 6450-01-P