[Federal Register Volume 74, Number 138 (Tuesday, July 21, 2009)]
[Notices]
[Pages 35860-35862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17287]


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DEPARTMENT OF ENERGY

[Case No. CAC-015]


Energy Conservation Program for Consumer Products: Notice of 
Modification of Petition for Waiver and Interim Waiver of Mitsubishi 
Electric From the Department of Energy Commercial Package Water-Source 
Heat Pump Test Procedure, and Modification of Interim Waiver

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

ACTION: Notice of modification of interim waiver; request for comments.

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SUMMARY: Today's notice announces receipt of and publishes a revised 
list of model numbers for which Mitsubishi Electric & Electronics USA, 
Inc. (``Mitsubishi'') received an interim waiver of the test procedures 
applicable to commercial package water-source heat pumps. In addition, 
Mitsubishi has proposed that the definition of ``tested combination,'' 
used in the alternate test procedure, be refined based upon the AHRI 
Draft Standard 1230. Through this document, DOE is soliciting comments 
with respect to the Mitsubishi Petition.

DATES: DOE will accept comments, data, and information with respect to 
the Mitsubishi Petition until, but no later than August 20, 2009.

ADDRESSES: You may submit comments, identified by case number ``CAC-
015,'' 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-015], and/or ``Mitsubishi 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

[[Page 35861]]

avoid the use of special characters or any form of encryption. Wherever 
possible, include the electronic signature of the author. 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. William Rau, Senior Vice 
President and General Manager, HVAC Advanced Products Division, 
Mitsubishi Electric & Electronics USA, Inc., 4300 Lawrenceville-Suwanee 
Road, Suwanee, GA 30024.
    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 should submit two copies to DOE: 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
II. Modified Petition for Waiver of Test Procedure and Application 
for Interim Waiver
III. Alternate Test Procedure
IV. Discussion

I. Background

    On October 30, 2006, Mitsubishi submitted a Petition for Waiver and 
an Application for Interim Waiver from the test procedures applicable 
to its water-source WR2 and WY series models from its CITY MULTI VRFZ 
line of commercial package heat pump equipment. On April 9, 2007, DOE 
published Mitsubishi's Petition for Waiver for commercial package 
water-source heat pumps in the Federal Register. 72 FR 17533 (April 9, 
2007). In the April 9, 2007 notice, DOE granted Mitsubishi's 
Application for Interim Waiver.

II. Modified Petition for Waiver of Test Procedure and Application for 
Interim Waiver

    On July 30, 2008, Mitsubishi informed DOE that after it filed its 
Petition for Waiver in October 2006, it developed additional basic 
models in the WR2 and WY product line. These products are similar to 
the basic models listed in Mitsubishi's Petition for Waiver except that 
they have different capacities (the capacities of these new models fall 
within the applicable range of capacities for the ISO 13256-1 (1998) 
test procedure). The new outdoor models also have the additional 
ability to connect multiple outdoor units together to create larger 
capacity systems.
    Therefore, Mitsubishi requested that DOE include these additional 
models in the list of basic models for which the interim waiver was 
granted. In addition, Mitsubishi requested that DOE include these 
additional basic models in the list of models contained in the Petition 
for Waiver. These additional products have the ability to connect 
multiple outdoor units together to create larger capacity systems, up 
to 240,000 Btu/hr. Connecting two of the smallest capacity (72,000 Btu/
h) outdoor units results in a system capacity of 144,000 Btu/h, which 
is above the maximum 135,000 Btu/h covered by the DOE test procedure. 
The multiple-outdoor-unit feature is therefore not relevant to this 
waiver because the resulting system capacities are outside the capacity 
range of the DOE test procedure for water-source central air 
conditioners and central air conditioning heat pumps. This waiver only 
covers systems with nominal cooling capacities less than 135,000 Btu/
hr, which does not include any combined units.
    Mitsubishi's modified list of products for which a waiver is 
requested, and for which a waiver can be granted, follows:
    CITY MULTI Variable Refrigerant Flow Zoning System Outdoor 
Equipment:
    WY-Series (PQHY) 208/230-3-60 and 460-3-60 split-system, water-
sourced, variable-speed heat pumps with individual model nominal 
cooling capacities of 72,000, 96,000, 108,000 and 120,000 Btu/h.
    WR2-Series (PQRY) 208/230-3-60 and 460-3-60 split-system, water-
sourced, variable-speed heat pumps with heat recovery and with 
individual model nominal cooling capacities of 72,000, 96,000, 108,000 
and 120,000 Btu/h.
    CITY MULTI Variable Refrigerant Flow Zoning System Indoor 
Equipment:

P*FY models, ranging from 6,000 to 48,000 Btu/h, 208/230-1-60 and from 
72,000 to 120,000 Btu/h, 208/230-3-60 split system variable-capacity 
air conditioner or heat pump.
PCFY Series--Ceiling Suspended--with capacities of 12/18/24/30/36 MBtu/
h.
PDFY Series--Ceiling Concealed Ducted--with capacities of 06/08/12/15/
18/24/27/30/36/48 MBtu/h.
PEFY Series--Ceiling Concealed Ducted (Low Profile)--with capacities of 
06/08/12/18/24 MBtu/h.
PEFY Series--Ceiling Concealed Ducted (Alternate High Static Option)--
with capacities of 15/18/24/27/30/36/48/54/72/96 MBtu/h.
PEFY-F Series--Ceiling Concealed Ducted (100% OA Option)--with 
capacities of 30/54/72/96/120 MBtu/h.
PFFY Series--Floor Standing (Concealed)--with capacities of 06/08/12/
15/18/24 MBtu/h.
PFFY Series--Floor Standing (Exposed)--with capacities of 06/08/12/15/
18/24 MBtu/h.
PKFY Series--Wall-Mounted--with capacities of 06/08/12/18/24/30 MBtu/h.
PLFY Series--4-Way Airflow Ceiling Cassette--with capacities of 12/18/
24/30/36 MBtu/h.
PMFY Series--1-Way Airflow Ceiling Cassette--with capacities of 06/08/
12/15 MBtu/h.

III. Alternate Test Procedure

    Mitsubishi's July 30, 2008 petition to extend its Interim Waiver 
also contains a modification to the alternate test procedure published 
April 9, 2007. 72 FR 17533. It contains a proposed, new definition of 
the term ``tested combination.'' This proposed definition is the same 
as the one in Draft AHRI 1230, ``Performance Rating of Variable 
Refrigerant Flow (VRF) Multi-Split Air-

[[Page 35862]]

Conditioning and Heat Pump.'' This definition allows for systems with 
multiple outdoor units and has other differences for systems with 
nominal cooling capacities greater than 150,000 Btu/h. However, for the 
waiver under consideration here, which does not apply to systems with 
multiple outdoor units, nor to systems with cooling capacities greater 
than 135,000 Btu/h, the only change in the definition of ``tested 
combination'' that is relevant is its reference to ``capacity'' is 
changed to ``nominal cooling capacity.'' This does not substantially 
alter the original definition, but only clarifies it.

IV. Discussion

    The Department has reviewed Mitsubishi's Initial Petition and its 
request to revise the list of model numbers for which Mitsubishi 
requested the waiver and interim waiver. The modified model list does 
not reflect any changes to the models listed in Mitsubishi's Initial 
Petition with respect to the properties making them eligible for a 
waiver, which involved testing difficulties. Given that the modified 
list does not change in any way the basis for granting the interim 
waiver, DOE finds that it is appropriate that the interim waiver 
granted on April 9, 2007, apply to the models listed in the Modified 
Petition. DOE thus clarifies that the April 9, 2007, interim waiver 
applies to the models listed in the Modified Petition, and that DOE 
will use the modified list of model numbers in any future action on the 
pending Petition for Test Procedure Waiver.

    Issued in Washington, DC, on July 9, 2009.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. E9-17287 Filed 7-20-09; 8:45 am]
BILLING CODE 6450-01-P