[Federal Register Volume 74, Number 239 (Tuesday, December 15, 2009)]
[Notices]
[Pages 66330-66334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29808]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

[Case No. CAC-021]


Energy Conservation Program for Commercial Equipment: Decision 
and Order Granting a Waiver to LG Electronics, Inc. (LG) From the 
Department of Energy Commercial Package Air Conditioner and Heat Pump 
Test Procedures

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

ACTION: Decision and Order.

-----------------------------------------------------------------------

SUMMARY: This notice publishes the U.S. Department of Energy's (DOE) 
Decision and Order in Case No. CAC-021, which grants a waiver to LG 
from the existing DOE test procedure applicable to commercial package 
central air conditioners and heat pumps. The waiver is specific to the 
LG variable speed and variable refrigerant volume Multi V (commercial) 
multi-split heat pumps and heat recovery systems. As a condition of 
this waiver, LG must test and rate its Multi V multi-split products 
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, Mailstop 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 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 LG a Waiver from the 
existing DOE commercial package air conditioner and heat pump test 
procedures for its Multi V multi-split products, subject to a condition 
requiring LG to test and rate the specified models from its Multi V 
multi-split product line pursuant to the alternate test procedure 
provided in this notice. The current test procedure is the Air-
Conditioning and Refrigeration Institute (ARI) Standard 340/360-2004, 
``Performance Rating of Commercial and Industrial Unitary Air-
Conditioning and Heat Pump Equipment'' (incorporated by reference at 10 
CFR 431.95(b)(2)). Further, today's decision requires that LG may not 
make any representations concerning the energy efficiency of these 
products unless such product has been tested consistent with the 
provisions and restrictions in the alternate test procedure set forth 
in the Decision and Order below, and such representations fairly 
disclose the results of such testing. (42 U.S.C. 6314(d)) 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. 6293(c)).

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

Decision and Order

    In the Matter of: LG Electronics, Inc. (LG) (Case No. CAC-021).

Background

    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.'' (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 large and small commercial air conditioning equipment, 
package boilers, storage water heaters, and other types of commercial 
equipment. (42 U.S.C. 6311-6317).
    Today's notice involves commercial equipment under Part A-1. The 
statute specifically includes definitions, test procedures, labeling 
provisions, energy conservation standards, and provides the Secretary 
of Energy (the Secretary) with the authority to require information and 
reports from manufacturers. 42 U.S.C. 6311-6317. With respect to test 
procedures, the statute generally authorizes the Secretary to prescribe 
test procedures that are reasonably designed to produce test results 
which reflect energy efficiency, energy use, and estimated annual 
operating costs, and that are not unduly burdensome to conduct. (42 
U.S.C. 6314(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

[[Page 66331]]

the Air-Conditioning and Refrigeration Institute or by the American 
Society of Heating, Refrigerating and Air-Conditioning Engineers, 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 
Secretary must amend the test procedure for a covered commercial 
product if the applicable industry test procedure is amended, unless 
the Secretary determines, by rule and 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 Air-
Conditioning and Refrigeration Institute (ARI) Standard 210/240-2003 
for small commercial package air-cooled air conditioning and heating 
equipment with capacities <65,000 British thermal units per hour (Btu/
h) and ARI Standard 340/360-2004 for large and very large commercial 
package air-cooled air conditioning and heating equipment with 
capacities >= 65,000 Btu/h and <760,000 Btu/h. Id. at 71371. Pursuant 
to this final rule, DOE's regulations at 10 CFR 431.95(b)(1)-(2) 
incorporate by reference the relevant ARI standards, and 10 CFR 431.96 
directs manufacturers of commercial package air conditioning and 
heating equipment to use the appropriate procedure when measuring 
energy efficiency of those products. The cooling capacities of LG's 
Multi V commercial multi-split products, which have capacities between 
76,400 Btu/hr and 310,000 Btu/hr, fall in the range covered by ARI 
Standard 340/360-2004.
    In addition, DOE's regulations contain provisions allowing a person 
to seek a waiver for a particular basic model from the test procedure 
requirements for covered commercial equipment if that 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 from the applicable test procedure requirements. 10 CFR 
431.401(a)(2). An interim waiver may be granted if the Assistant 
Secretary for Energy Efficiency and Renewable Energy determines 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 if 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 will terminate 180 days after issuance 
or upon the issuance of DOE's determination on the petition for waiver, 
whichever occurs first, which may be extended by DOE for an additional 
180 days. 10 CFR 431.401(e)(4).
    On April 16, 2008, LG filed a Petition for Waiver and an 
Application for Interim Waiver from the test procedures applicable to 
small and large commercial package air-cooled air-conditioning and 
heating equipment. The applicable test procedure is ARI 340/360-2004, 
specified in Tables 1 and 2 to 10 CFR 431.96. LG asserted 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: (1) Testing laboratories cannot test products 
with so many indoor units; and (2) There are too many possible 
combinations of indoor and outdoor units to test. Mitsubishi (72 FR 
17528, April 9, 2007); Samsung (72 FR 71387, Dec. 17, 2007); Fujitsu 
(72 FR 71383, Dec. 17, 2007); Daikin (73 FR 39680, July 10, 2008); 
Daikin (74 FR 15955, April 8, 2009); Sanyo (74 FR 16193, April 9, 
2009); and Daikin (74 FR 16373, April 10, 2009). On May 5, 2009, DOE 
published LG's Petition for Waiver in the Federal Register, seeking 
public comment pursuant to 431.3401(b)(1)(iv), and granted the 
Application for Interim Waiver. 74 FR 20688. DOE received no comments 
on the LG petition.
    In a similar case, DOE published a Petition for Waiver from 
Mitsubishi Electric and Electronics USA, Inc. (MEUS) for products very 
similar to LG's multi-split products. 71 FR 14858 (March 24, 2006). In 
the March 24, 2006, Federal Register notice, DOE also published and 
requested comment on an alternate test procedure for the MEUS products 
at issue. DOE stated that if it specified an alternate test procedure 
for MEUS in the subsequent Decision and Order, DOE would consider 
applying the same procedure to similar waivers for residential and 
commercial central air conditioners and heat pumps, including such 
products for which waivers had previously been granted. Id. at 14861. 
Comments were published along with the MEUS Decision and Order in the 
Federal Register on April 9, 2007. 72 FR 17528 (April 9, 2007). Most of 
the comments responded favorably to DOE's proposed alternate test 
procedure; while one commenter indicated that a waiver was unnecessary, 
the commenter did not present a satisfactory way to test the products 
at issue with the DOE test procedure. Id. at 17529. Also, there was 
general agreement that an alternate test procedure is necessary while a 
final test procedure for these types of products is being developed. 
Id. The MEUS Decision and Order included the alternate test procedure 
adopted by DOE. Id.

Assertions and Determinations

 LG's Petition for Waiver

    LG seeks a waiver from the DOE test procedures for this product 
class on the grounds that its Multi V multi-split heat pump and heat 
recovery systems contain design characteristics that prevent testing 
according to the current DOE test procedures. As stated above, 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 MEUS, Fujitsu General 
Ltd. (Fujitsu), and Samsung Air Conditioning (Samsung) for similar 
lines of commercial multi-split air-conditioning systems:
     Testing laboratories cannot test products with so many 
indoor units.
     There are too many possible combinations of indoor and 
outdoor units to test. Mitsubishi (72 FR 17528, April 9, 2007); Samsung 
(72 FR 71387, Dec. 17, 2007); Fujitsu (72 FR 71383, Dec. 17, 2007); 
Daikin (73 FR 39680, July 10, 2008); Daikin (74 FR 15955, April 8, 
2009); Sanyo (74 FR 16193, April 9, 2009); and Daikin (74 FR 16373, 
April 10, 2009).
    The Multi V systems have operational characteristics similar to 
other commercial multi-split products

[[Page 66332]]

manufactured by Mitsubishi, Samsung, Sanyo, 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. DOE believes that the LG Multi 
V equipment and equipment for which waivers have previously been 
granted are alike with respect to the factors that make them eligible 
for test procedure waivers. DOE therefore grants to LG a Multi V multi-
split product waiver similar to the previous multi-split waivers.
    Previously, in addressing MEUS's R410A CITY MULTI VRFZ products, 
which are similar to the LG products at issue here, DOE stated:

To provide a test procedure from which manufacturers can make valid 
representations, the Department is considering setting an alternate 
test procedure for MEUS in the subsequent Decision and Order. 
Furthermore, if DOE specifies an alternate test procedure for MEUS, DOE 
is considering applying the alternate test procedure to similar waivers 
for residential and commercial central air conditioners and heat pumps. 
Such cases include Samsung's petition for its DVM products (70 FR 9629, 
February 28, 2005), Fujitsu's petition for its Airstage variable 
refrigerant flow (VRF) products (70 FR 5980, February 4, 2005), and 
MEUS's petition for its R22 CITY MULTI VRFZ products. (69 FR 52660, 
August 27, 2004).

71 FR 14861.
    LG did not include an alternate test procedure in its Petition for 
Waiver. However, in response to two recent Petitions for Waiver from 
MEUS, DOE specified an alternate test procedure to provide a basis from 
which MEUS 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 MEUS petitions were 
published in the Federal Register on April 9, 2007. 72 FR 17528; 72 FR 
17533.
    DOE understands that existing testing facilities have a limited 
ability to test multiple indoor units at one time, and the number of 
possible combinations of indoor and outdoor units for some variable 
refrigerant flow zoned systems is impractical to test. We further note 
that subsequent to the waiver that DOE granted for MEUS'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.
    DOE issues today's Decision and Order granting LG a test procedure 
waiver for its commercial Multi V multi-split heat pumps. As a 
condition of this waiver, LG must use the alternate test procedure 
described below. This alternate test procedure is the same in all 
relevant particulars as the one that DOE applied to the MEUS waiver.

Alternate Test Procedure

    The alternate test procedure developed in conjunction with the MEUS 
waiver 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. 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 here increased from 5 to 8 to account for the fact that 
these larger-capacity products can accommodate a greater number of 
indoor units. 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.
    The alternate DOE test procedure also allows LG to represent the 
energy efficiency of that product. These representations must fairly 
disclose the results of such testing. The DOE test procedure, as 
modified by the alternate test procedure set forth in this Decision and 
Order, provides for efficiency rating of a non-tested combination in 
one of 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 utilizing the same outdoor unit.
    As in the MEUS matter, DOE believes that allowing LG to make energy 
efficiency representations for non-tested combinations by adopting this 
alternative test procedure as described above is reasonable because the 
outdoor unit is the principal efficiency driver. The current DOE test 
procedure for commercial products tends to rate these products 
conservatively. The multi-zoning feature of these products, which 
enables them to cool only those portions of the building that require 
cooling, would be expected to use less energy than if the unit is 
operated to cool the entire home or a comparatively larger area of a 
commercial building in response to a single thermostat. This feature 
would not be captured by the current test procedure, which requires 
full-load testing. Full-load testing, under which the entire building 
would require cooling, disadvantages these products because they are 
optimized for their highest efficiency when operating with less than 
full loads. Therefore, the alternate test procedure will provide a 
conservative basis for assessing the energy efficiency for such 
products.
    With regard to the laboratory testing of commercial products, 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 lab to manifold the outlets from each 
indoor unit into a common plenum that supplies air to a single airflow 
measuring apparatus and 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.
    Furthermore, DOE stated in the notice publishing the MEUS Petition 
for Waiver that if the Department decided to specify an alternate test 
procedure for MEUS, it would consider applying the procedure to waivers 
for similar residential and commercial central air conditioners and 
heat pumps produced by other manufacturers. 71 FR 14858, 14861 (March 
24, 2006). As noted above, most of the comments received by DOE in 
response to the March 2006 notice supported the proposed alternate test 
procedure. 72 FR 17529. Commenters responding to that prior

[[Page 66333]]

notice generally agreed that an alternate test procedure is appropriate 
for an interim period while a final test procedure for these products 
is being developed. Id.
    Based on the discussion above, DOE believes that the testing 
problems described above would prevent testing of LG's Multi V multi-
split products according to the test procedure currently prescribed in 
10 CFR 431.96 (ARI Standard 340/360-2004) and incorporated by reference 
in DOE's regulations at 10 CFR 431.95(b)(2). After careful 
consideration, DOE has decided to adopt the proposed alternate test 
procedure for LG's commercial multi-split products, with the 
clarifications discussed above.

 Consultations With Other Agencies

    DOE consulted with the Federal Trade Commission (FTC) staff 
concerning the LG Petition for Waiver. The FTC staff did not have any 
objections to the issuance of a waiver to LG.

Conclusion

    After careful consideration of all the materials submitted by LG, 
the absence of any comments, and consultation with the FTC staff, it is 
ordered that:
    (1) The ``Petition for Waiver'' filed by LG Electronics, Inc., (LG) 
(Case No. CAC-021) is hereby granted as set forth in the paragraphs 
below.

    (2) LG shall not be required to test or rate its Multi V multi-
split air conditioner and heat pump models listed below on the basis of 
the currently applicable test procedure cited in 10 CFR 431.96, 
specifically, ARI Standard 340/360-2004 (incorporated by reference in 
10 CFR 431.95(b)(2)), but shall be required to test and rate such 
products according to the alternate test procedure as set forth in 
paragraph (3).

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 
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.
    (3) Alternate test procedure.
    (A) LG shall be required to test the products listed in paragraph 
(2) above according to the test procedure for central air conditioners 
and heat pumps prescribed by DOE at 10 CFR Part 431 (ARI 340/360-2004, 
(incorporated by reference in 10 CFR 431.95(b)(2)), 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 waiver, the tested combination shall have the 
following features:
    (i) The basic model of a variable refrigerant flow system used as a 
tested combination shall consist of an outdoor

[[Page 66334]]

unit that is matched with between two and eight indoor units; for 
multi-split systems, each of these indoor units shall be designed for 
individual operation.
    (ii) The indoor units shall:

(a) Represent the highest sales model family, or another indoor model 
family if the highest sales model family does not provide sufficient 
capacity (see b);
(b) Together, have a nominal cooling capacity that is between 95 
percent and 105 percent of the nominal cooling capacity of the outdoor 
unit;
(c) Not, individually, have a nominal cooling capacity greater than 50 
percent of the nominal cooling capacity of the outdoor unit;
(d) Operate at fan speeds that are consistent with the manufacturer's 
specifications; and
(e) Be subject to the same minimum external static pressure 
requirement.

    (C) Representations. In making representations about the energy 
efficiency of its Multi V multi-split 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:
    (i) For Multi V multi-split combinations tested in accordance with 
this alternate test procedure, LG may make representations based on 
these test results.
    (ii) For Multi V multi-split combinations that are not tested, LG 
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 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.
    (4) This waiver shall remain in effect from the date of issuance of 
this Order consistent with the provisions of 10 CFR 431.401(g).
    (5) 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 for Waiver 
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. E9-29808 Filed 12-14-09; 8:45 am]
BILLING CODE 6450-01-P