[Federal Register Volume 74, Number 239 (Tuesday, December 15, 2009)]
[Notices]
[Pages 66311-66314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29786]



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DEPARTMENT OF ENERGY

[Case No. CAC-015]


Energy Conservation Program for Certain Industrial Equipment: 
Decision and Order Granting a Waiver to Mitsubishi Electric and 
Electronics USA, Inc. From the Department of Energy Commercial Package 
Water-Source Heat Pump Test Procedure

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

ACTION: Decision and Order.

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SUMMARY: This notice publishes the U.S. Department of Energy's (DOE) 
Decision and Order in Case No. CAC-015, which grants a waiver to 
Mitsubishi Electric and Electronics USA, Inc. (Mitsubishi) from the 
existing DOE test procedure for commercial package water-source heat 
pumps. DOE is granting this waiver because these water-source multi-
split heat pumps, like the air-source multi-split heat pumps that have 
been granted similar waivers, are too complex to test using the DOE 
test procedure. As a condition of this waiver, Mitsubishi must test and 
rate the energy consumption of the water-source WR2 and WY series 
models (from its CITY MULTI Variable Refrigerant Flow Zoning line of 
commercial package heat pump equipment) according to the alternate test 
procedure set forth in this notice.

DATES: This Decision and Order is effective December 15, 2009.

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

SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of 
Federal Regulations (10 CFR) 431.401(f)(4), DOE gives notice of the 
issuance of its Decision and Order, as set forth below. In this 
Decision and Order, DOE grants Mitsubishi a waiver for specified models 
of its WR2 and WY series water-source multi-split products from the 
existing commercial package water-source heat pump test procedure under 
10 CFR 431.96 (the International Organization for Standardization (ISO) 
Standard 13256-1 (1998) that is incorporated by reference in 10 CFR 
431.95(b)(3)). The waiver is subject to a condition requiring 
Mitsubishi to test and rate the specified models from its CITY MULTI 
Variable Refrigerant Flow Zoning (VRFZ) line of commercial package 
water-source heat pump equipment according to the alternate test 
procedure described in this notice. Today's Decision and Order 
prohibits Mitsubishi from making any representations concerning the 
energy efficiency of these products unless such products have been 
tested consistent with the provisions and restrictions in the alternate 
test procedure as set forth in the Decision and Order below, and such 
representations fairly disclose the results of such testing. 
Distributors, retailers, and private labelers are held to the same 
standard when making representations regarding the energy efficiency of 
these products. (42 U.S.C. 6314(d))

    Issued in Washington, DC, on December 8, 2009.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.

Decision and Order

    In the Matter of: Mitsubishi Electric and Electronics USA, Inc. 
(Mitsubishi). (Case No. CAC-015).

Background

    Title III of the Energy Policy and Conservation Act (EPCA) sets 
forth a variety of provisions concerning energy efficiency, including 
Part A-1, which establishes an energy efficiency program titled 
``Certain Industrial Equipment,'' which includes commercial air-
conditioning equipment, packaged boilers, water heaters, and other 
types of commercial equipment. (42 U.S.C. 6311-6317) The statute 
specifically includes definitions, test procedures, labeling 
provisions, energy conservation standards, and the authority to require 
information and reports from manufacturers. Further, Part A-1 
authorizes the Secretary of Energy (the Secretary) to prescribe test 
procedures that are reasonably designed to produce results which 
measure energy efficiency, energy use, or estimated annual operating 
costs, and that are not unduly burdensome to conduct. (42 U.S.C. 
6314(a)(2))
    Section 343(a)(4)(A) of EPCA provides that the test procedures for 
commercial package air-conditioning and heating equipment shall be 
those generally accepted industry testing 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/
Illuminating Engineering Society (IES) Standard 90.1 and in effect on 
June 30, 1992. (42 U.S.C. 6314(a)(4)(A)) Further, under section 
343(a)(4)(B) of EPCA, if the industry test procedure or rating 
procedure is amended, the Secretary must amend the test procedure for 
the product as necessary to be consistent with the amended industry 
procedure, unless the Secretary determines that the amended test 
procedure would not meet the statutory requirements set forth in 42 
U.S.C. 6314(a)(2) and (3). (42 U.S.C. 6314(a)(4)(B))
    The test procedures for commercial central air conditioners and 
heat pumps are codified in DOE's regulations at 10 CFR 431.96, Table 1, 
which directs manufacturers of commercial package water-source air-
conditioning and heating equipment to use the appropriate procedure 
when measuring the energy efficiency of those products. The appropriate 
standard for Mitsubishi's WR2 and WY series water-source multi-split 
equipment is ISO Standard 13256-1 (1998), ``Water-source heat pumps--
Testing and rating for performance--Part 1: Water-to-air and brine-to-
air heat pumps,'' for measuring the energy efficiency of small 
commercial package water-source heat pumps with capacities <135,000 
British thermal units/hour (Btu/hr). (The cooling capacity of 
Mitsubishi's WR2 and WY series models of its CITY MULTI VRFZ line of 
commercial package water-source heat pump equipment fall within the 
range of 65,000 Btu/hr to 135,000 Btu/hr and are, therefore, covered 
under 10 CFR 431.96, which requires testing under ISO Standard 13256-1 
(1998)). This standard is incorporated by reference at 10 CFR 
431.95(b)(3).
    DOE notes that these products also 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. 
Multiple-outdoor-unit equipment is therefore not covered by 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

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135,000 Btu/hr, which does not include any combined units.
    DOE's regulations allow a person to seek a waiver for a particular 
basic model from the test procedure requirements for covered commercial 
equipment, when the petitioner's basic model contains one or more 
design characteristics which prevent testing according to the 
prescribed test procedures, or if the prescribed test procedures may 
evaluate the basic model in a manner so unrepresentative of its true 
energy consumption characteristics as to provide materially inaccurate 
comparative data. 10 CFR 431.401(a)(1). A waiver petition must include 
any alternate test procedures known to the petitioner to evaluate 
characteristics of 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 remain in effect 
pursuant to the provisions of 10 CFR 431.401(g).
    The waiver process also allows any interested person who has 
submitted 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 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 180 days or until DOE issues its determination on the 
petition for waiver, whichever occurs first, and may be extended by DOE 
for an additional 180 days, if necessary. 10 CFR 431.401(e)(4).
    On October 30, 2006, Mitsubishi submitted a Petition for Waiver and 
an Application for Interim Waiver from the above test procedures 
applicable to its water-source WR2 and WY series models from its CITY 
MULTI VRFZ line of commercial package heat pump equipment. Mitsubishi 
seeks a waiver from the applicable test procedures because the design 
characteristics of these models prevent testing according to the 
currently prescribed test procedures. Like the air-source multi-splits, 
this equipment can connect more indoor units than test laboratories can 
physically test at one time, and it is not practical to test all of the 
potentially available combinations.
    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 also 
granted Mitsubishi's Application for Interim Waiver, because DOE 
determined that the conditions required for grant of an interim waiver 
had been satisfied. DOE had already granted waivers to Mitsubishi for 
its lines of R22 CITY MULTI VRFZ and R410A CITY MULTI VRFZ products, 
which are similar to the water-source CITY MULTI VRFZ products at issue 
here. 69 FR 52660 (August 27, 2004); 72 FR 17528 (April 9, 2007). As 
DOE has stated in the past, in those instances where the likely success 
of the Petition for Waiver has been demonstrated, based upon DOE having 
granted a waiver for a similar product design, it is in the public 
interest to have similar products tested and rated for energy 
consumption on a comparable basis. In the April 9, 2007 notice, DOE 
also published for comment an alternate test procedure for the 
Mitsubishi products that are the subject of its waiver request.
    On July 30, 2008, Mitsubishi submitted an updated list of models 
and a request for an extension of the Interim Waiver for the City Multi 
VRFZ water-source heat pumps that are the subject of this waiver. Since 
Mitsubishi's submission of its petition for waiver in October 2006, it 
developed additional basic models in the WR2 and WY product lines. 
These are similar to the basic models listed in Mitsubishi's Petition 
for Waiver, but they have different capacities and the ability to 
connect multiple outdoor units to create larger capacity systems. 
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 AHRI 1230-2009, ``Performance Rating of Variable Refrigerant 
Flow (VRF) Multi-Split Air-Conditioning and Heat Pump Equipment,'' 
which is incorporated in the alternate test procedure specified in this 
Decision and Order.
    DOE received one comment on the Mitsubishi petition from Daikin AC 
(Americas), Inc. (Daikin), which supported Mitsubishi's waiver request.

Assertions and Determinations

Mitsubishi's Petition for Waiver
    As noted above, DOE granted to Mitsubishi waivers from test 
procedures for its air-source CITY MULTI VRFZ models of residential and 
commercial package air-conditioning and heating equipment in 2004 and 
2007. 69 FR 52660 (August 27, 2004); 72 FR 17528 (April 9, 2007). Due 
to equipment modifications to accommodate its water-source models, 
Mitsubishi submitted a Petition for Waiver and Application for Interim 
Waiver that requested a similar waiver from the existing test 
procedures for its WR2 and WY Series models of CITY MULTI VRFZ line of 
commercial package heat pump equipment with a rated capacity from 
65,000 Btu/hr to <135,000 Btu/hr.
    Mitsubishi provided several assertions to substantiate its Petition 
for Waiver. Mitsubishi asserted that the design characteristics of its 
WR2 and WY series models of CITY MULTI VRFZ line of commercial package 
heat pump equipment, which use water as a heat source and heat sink, 
preclude testing according to the test procedures currently prescribed 
at 10 CFR 431.96 for the same reasons that its R22 and R410A models of 
air-source commercial package heat pump equipment were granted waivers 
at 69 FR 52660 (August 27, 2004) and 72 FR 17528 (April 9, 2007), 
respectively. The water-source CITY MULTI VRFZ systems, like the air-
source systems, can connect more indoor units (up to 19) than the test 
laboratories can physically test at one time; in addition, there are 58 
different indoor models that can be used in the different combinations. 
As a result, Mitsubishi asserted that it is not practical to test all 
of the potentially available combinations of indoor and outdoor units, 
which could number ``well over 1,000,000 combinations for each outdoor 
unit.'' 72 FR 17533, 17535 (April 9, 2007). Because of the inability to 
test products with so many indoor units, testing laboratories will not 
be able to test many of the system combinations. Mitsubishi also 
asserted that the test procedures at 10 CFR 431.96 do not provide (1) 
direction for determining what combinations of outdoor and indoor units 
should be tested in the circumstance where a multitude of different 
combinations are possible; and (2) a mechanism for sampling component 
combinations.
    Mitsubishi also stated that many of the benefits of its water-
source CITY MULTI VRFZ systems (e.g., variable refrigerant control and 
distribution, zoning diversity, part-load operation, and simultaneous 
heating and cooling)

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are not credited under the current test procedures. Thus, Mitsubishi 
asserted that the current test procedure for the energy efficiency 
ratio (EER) does not capture the energy savings of VRFZ equipment. The 
same issue was raised by Mitsubishi in its Petition for Waiver for its 
R22 CITY MULTI systems. In response, DOE stated that ``[w]hile this 
assertion is true * * * the full load EER energy efficiency descriptor 
is the one mandated by EPCA for these products (42 U.S.C. 
6313(a)(1)(c)), and the relevant energy performance is the peak load 
efficiency, not the seasonal energy savings.'' 69 FR 52660, 52662 
(August 27, 2004). A waiver can only be granted if a test procedure 
does not fairly represent the peak load energy consumption 
characteristics which EER measures.
    In summary, the bases for today's Decision and Order are: (1) The 
inability of a laboratory to test the multitude of CITY MULTI VRFZ 
systems, and (2) the lack of a method for predicting the performance of 
untested combinations. DOE finds, as it did in the 2004 and 2007 
decisions, that ``the basic model contains one or more design 
characteristics which * * * prevent testing of the basic model 
according to the prescribed test procedures.'' 69 FR 52660 (August 27, 
2004); 72 FR 17528 (April 9, 2007). DOE believes that given the 
similarities of these products and the problems associated with testing 
under the applicable test procedure, the same reasoning underlying 
DOE's granting of these two earlier waivers is applicable to the water-
source systems that are the subject of today's Decision and Order. 
Therefore, DOE finds that a waiver of the test procedures at 10 CFR 
431.96 is appropriate.
    To enable Mitsubishi to make energy efficiency representations for 
its specified water-source WR2 and WY series models from its CITY MULTI 
VRFZ line of commercial package heat pump equipment, DOE also requires 
use of the alternate test procedure described below as a condition of 
Mitsubishi's waiver.
DOE's Alternate Test Procedure
    Under EPCA, a manufacturer may not make any representation with 
respect to the energy consumption or cost of energy consumed by its 
equipment, unless such equipment has been tested in accordance with the 
applicable test procedure and the representation fairly discloses the 
results of such testing. (42 U.S.C. 6314(d)) Therefore, to provide a 
basis from which Mitsubishi, or any manufacturer covered by a test 
procedure waiver for multi-split central air-conditioning equipment, 
can make valid and comparable energy efficiency representations, DOE 
provided an alternate test procedure in an earlier Mitsubishi Decision 
& Order which was published in the Federal Register at 72 FR 17528 
(April 9, 2007).
    Mitsubishi's July 30, 2008 petition to extend its Interim Waiver 
contains a modification to the alternate test procedure published in 
the April 9, 2007 petition. 72 FR 17533. It contains a proposed, new 
definition of the term ``tested combination.'' This proposed definition 
is the same as the one in AHRI 1230-2009, ``Performance Rating of 
Variable Refrigerant Flow (VRF) Multi-Split Air-Conditioning and Heat 
Pump Equipment.'' 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. For the waiver under 
consideration here, however, which does not apply to systems with 
multiple outdoor units, nor to systems with cooling capacities greater 
than 135,000 Btu/h, the only necessary change in the definition of 
``tested combination'' is the reference to ``capacity,'' which DOE 
changes for purposes of this waiver to ``nominal cooling capacity.''
    The alternate test procedure permits Mitsubishi to designate a 
``tested combination'' for each model of water-source WR2 and WY CITY 
MULTI VRFZ outdoor unit. In addition, the indoor unit that is 
designated as part of the tested combination must meet certain 
requirements. For example, the tested combination must have from two to 
five indoor units, so that the system can be tested in available test 
facilities.
    The alternate test procedure also permits Mitsubishi to represent 
the energy efficiency for a non-tested combination in two ways: (1) At 
an energy efficiency level determined under a DOE-approved alternative 
rating method; or (2) at the efficiency level of the tested combination 
using the same outdoor unit.
    DOE believes that permitting Mitsubishi to make energy efficiency 
representations for non-tested combinations through use of this 
alternate test procedure is reasonable because the outdoor unit is the 
principal efficiency driver. Further, DOE believes that the applicable 
test procedure at 10 CFR 431.96 tends to rate such equipment 
conservatively, because it does not account for the simultaneous 
heating and cooling capability of variable refrigerant flow zoning, 
which is more efficient than requiring all zones either to be heated or 
cooled. Further, the multi-zoning feature of such equipment, which 
enables it to cool only those sections of a building that require 
cooling, will use less energy than if the unit is operated to cool the 
entire building or a comparatively large area within a building in 
response to a single thermostat. Additionally, the current test 
procedure for commercial equipment requires full load testing, which 
creates an artificial disadvantage for such products, because they are 
optimized for best efficiency when operating at less than full load. In 
fact, these products normally operate at part-load conditions. In view 
of the foregoing, DOE believes the alternate test procedure will 
provide a conservative basis for assessing the energy efficiency for 
such equipment.
    With regard to laboratory testing, some of the difficulties 
associated with the existing test procedure are avoided by the 
alternate test procedure's requirements for choosing the indoor units 
to be used in the manufacturer-specified tested combination. For 
example, in addition to limiting the number of indoor units, another 
requirement is that all of the indoor units must be subject to meeting 
the same minimum external static pressure. This requirement allows the 
test laboratory to manifold the outlets from each indoor unit into a 
common plenum that supplies air to a single airflow measuring 
apparatus. This requirement eliminates situations in which some of the 
indoor units are ducted and some are non-ducted. Without this 
requirement, the laboratory must evaluate the capacity of a subgroup of 
indoor coils separately, and then sum the separate capacities to obtain 
the overall system capacity. This would require that the test 
laboratory be equipped with multiple airflow measuring apparatuses 
(which is unlikely), or that the test laboratory connect its one 
airflow measuring apparatus to one or more common indoor units until 
the contribution of each indoor unit has been measured.
    Based on the discussion above, DOE believe that the testing 
problems described above would prevent testing of Mitsubishi's WR2 and 
WY series models from its CITY MULTI VRFZ water-source line according 
to the test procedures prescribed in 10 CFR Part 431.
Consultations With Other Agencies
    DOE consulted with Federal Trade Commission (FTC) staff concerning 
the Mitsubishi Petition for Waiver. The FTC staff had no objections to 
issuing a waiver to Mitsubishi.

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Conclusion

    After careful consideration of all the material that Mitsubishi 
submitted, the comment received from Daikin, and consultation with FTC 
staff, it is ordered that:
    (1) The Petition for Waiver submitted by Mitsubishi Electric and 
Electronics USA, Inc. (Mitsubishi) (Case No. CAC-015) is hereby granted 
as set forth in the paragraphs below.
    (2) Mitsubishi shall not be required to test or rate the below-
listed water-source WR2 and WY series models of its CITY MULTI Variable 
Refrigerant Flow Zoning (VRFZ) line of commercial package heat pump 
equipment on the basis of the applicable test procedure at 10 CFR 
431.96, which incorporates by reference ISO 13256-1 (1998).
    (3) Mitsubishi shall be required to test and rate the below-listed 
water-source WR2 and WY series models of its CITY MULTI VRFZ equipment 
according to the alternate test procedure as set forth in section (4), 
``Alternate test procedure.''
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.
    (4) Alternate test procedure.
    (A) Mitsubishi shall be required to test its water-source WR2 and 
WY series models of its CITY MULTI VRFZ equipment according to those 
test procedures for commercial package air conditioners and heat pumps 
prescribed at 10 CFR Part 431.96, except that:
    (i) Mitsubishi 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, Mitsubishi shall make representations concerning 
the WR2 and WY CITY MULTI equipment 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 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 an outdoor unit that is matched 
with between two and five indoor units.
    (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 between 95 percent 
and 105 percent of the nominal cooling capacity of the outdoor unit;
    (iii) Not, individually, have a nominal cooling capacity that is 
greater than 50 percent 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 WR2 and WY CITY MULTI VRFZ equipment, for compliance, 
marketing, or other purposes, Mitsubishi must fairly disclose the 
results of testing under the DOE test procedure, doing so in a manner 
consistent with the provisions outlined below:
    (i) For WR2 and WY CITY MULTI VRFZ combinations tested in 
accordance with this alternate test procedure, Mitsubishi may make 
representations based on these test results.
    (ii) For WR2 and WY CITY MULTI VRFZ combinations that are not 
tested, Mitsubishi may make representations based on the testing 
results for the tested combination and which are consistent with either 
of the two following methods:
    (a) Representation of non-tested combinations according to an 
Alternative Rating Method (ARM) approved by DOE; or
    (b) Representation of non-tested combinations at the same energy 
efficiency level as the tested combination with the same outdoor unit.
    (5) This waiver shall remain in effect from the date of issuance of 
this Decision and Order consistent with the provisions of 10 CFR 
431.401(g).
    (6) This waiver is conditioned upon the presumed validity of 
statements, representations, and documentary materials provided by the 
petitioner. This waiver may be revoked or modified at any time upon a 
determination that the factual basis underlying the petition is 
incorrect, or DOE determines that the results from the alternate test 
procedure are unrepresentative of the basic models' true energy 
consumption characteristics.

 Issued in Washington, DC, on December 8, 2009.

Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.

[FR Doc. E9-29786 Filed 12-14-09; 8:45 am]
BILLING CODE 6450-01-P