[Federal Register: August 8, 2006 (Volume 71, Number 152)]
[Notices]
[Page 45047-45049]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08au06-59]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. CAC-012]
Energy Conservation Program for Consumer Products: Notice of
Correction of Petition for Waiver and Interim Waiver of Mitsubishi
Electric From the DOE Residential and Commercial Package Air
Conditioner and Heat Pump Test Procedures, and Modification of Interim
Waiver
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of correction of interim waiver.
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SUMMARY: Today's notice corrects five minor errors in the list of model
numbers for which Mitsubishi Electric & Electronics USA, Inc.
(``MEUS'') requested a waiver and interim waiver of the test procedures
applicable to residential and commercial package air conditioners and
heat pumps.
FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S.
Department of Energy, Office of Energy Efficiency and Renewable Energy,
Building Technologies Program, Mail Stop EE-2J, Forrestal Building,
1000 Independence Avenue, SW., Washington, DC 20585-0121, (202) 586-
9611; e-mail: Michael.Raymond.ee.doe.gov; or Francine Pinto, Esq., U.S.
Department of Energy, Office of General Counsel, Mail Stop GC-72,
Forrestal Building, 1000 Independence Avenue, SW., Washington, DC
20585-0121, (202) 586-9507; e-mail: Francine.Pinto@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Authority
II. Corrected Petition for Waiver of Test Procedure and Application
for Interim Waiver
III. Discussion
I. Background and Authority
Title III of the Energy Policy and Conservation Act (EPCA) sets
forth a variety of provisions concerning energy efficiency. Part B of
Title III (42 U.S.C. 6291-6309) provides for the ''Energy Conservation
Program for Consumer Products other than Automobiles.'' Part C of Title
III (42 U.S.C. 6311-6317) provides for an energy efficiency program
entitled ''Certain Industrial Equipment,'' which is similar to the
program in part B, and which includes commercial air-conditioning
equipment, packaged boilers, water heaters, and other types of
commercial equipment.
Both parts specifically provide for definitions, test procedures,
labeling provisions, energy conservation standards, and the authority
to require information and reports from manufacturers. With respect to
test procedures, both parts generally authorize the Secretary of Energy
to prescribe test procedures that are reasonably designed to produce
results which reflect energy efficiency, energy use and estimated
operating costs, and that are not unduly burdensome to conduct. (42
U.S.C. 6293(b)(3), 6314(a)(2)) EPCA provides that the Secretary of
Energy may amend test procedures for consumer products if the Secretary
determines that amended test procedures would more accurately reflect
energy efficiency, energy use and estimated operating costs, and are
not unduly burdensome to conduct. (42 U.S.C. 6293(b))
The Department's regulations contain provisions allowing a person
to seek a
[[Page 45048]]
waiver from the test procedure requirements for covered consumer
products (10 CFR 430.27). The waiver provisions allow the Assistant
Secretary for Energy Efficiency and Renewable Energy (hereafter
``Assistant Secretary'') to temporarily waive test procedures for a
particular basic model when a petitioner shows that the basic model
contains one or more design characteristics that prevent testing
according to the prescribed test procedures, or when the prescribed
test procedures may evaluate the basic model in a manner so
unrepresentative of its true energy consumption as to provide
materially inaccurate comparative data. (10 CFR 430.27 (a)(1)) The
Assistant Secretary may grant the waiver subject to conditions,
including adherence to alternate test procedures. Petitioners are to
include in their petition any alternate test procedures known to
evaluate the basic model in a manner representative of its energy
consumption. (10 CFR 430.27(b)(1)(iii)) Waivers generally remain in
effect until final test procedure amendments become effective, thereby
resolving the problem that is the subject of the waiver.
The waiver process also allows the Assistant Secretary to grant an
Interim Waiver from test procedure requirements to manufacturers that
have petitioned the Department for a waiver of such prescribed test
procedures. (10 CFR 430.27(a)(2)) An Interim Waiver remains in effect
for a period of 180 days or until the Department issues its
determination on the Petition for Waiver, whichever is sooner, and may
be extended for an additional 180 days, if necessary. (10 CFR
430.27(h))
On November 7, 2005, MEUS filed an Application for Interim Waiver
and Petition for Waiver (``Initial Petition'') from the test procedures
applicable to its R410A models of the CITY MULTI Variable Refrigerant
Flow Zoning (``VRFZ'') line of residential and commercial package air
conditioning and heating equipment. The applicable test procedures for
residential air-conditioning and heating equipment are found in 10 CFR
part 430, subpart B, Appendix M; EPCA requires DOE to base its test
procedures for similar commercial equipment on industry test standards.
See 42 U.S.C. 6314(a)(4)(A). In particular, MEUS requested a waiver
from the residential test procedures contained in 10 CFR part 430,
subpart B, Appendix M, and a waiver from the commercial test procedures
contained in Air-Conditioning and Refrigeration Institute (ARI)
Standard 210/240-2003 and in ARI Standard 340/360-2000. MEUS seeks a
waiver from the applicable test procedures because, MEUS asserts, the
design characteristics of the R410A systems prevent testing according
to the currently prescribed test procedures.
On March 24, 2006, the Department of Energy (hereafter
``Department'' or ``DOE'') published MEUS's Petition for Waiver and
granted the Application for Interim Waiver.\1\ On April 11, 2006, MEUS
submitted a Corrected Petition for Waiver of Test Procedure and
Application for Interim Waiver (``Corrected Petition'') to DOE. The
Corrected Petition noted five minor errors in the list of model numbers
for which the waiver and the interim waiver had been requested. MEUS
requested that the interim waiver granted apply to the corrected list
of model numbers, and that DOE use the corrected list of model numbers
in any future actions regarding the Petition for Test Procedure Waiver.
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\1\ Energy Conservation Program for Consumer Products:
Publication of the Petition for Waiver and Granting of the
Application for Interim Waiver of Mitsubishi Electric From the DOE
Residential and Commercial Package Air Conditioner and Heat Pump
Test Procedures (Case No. CAC-012), 71 Fed. Reg. 14858 (Mar. 24,
2006) (hereinafter, Publication).
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II. Corrected Petition for Waiver of Test Procedure and Application for
Interim Waiver
In the Corrected Petition, MEUS states that four of the corrections
relate to typographical errors in the initial filing. In the list of
models provided in MEUS's Initial Petition, MEUS inadvertently listed
the PFFY Series Floor Standing model numbers as ``PEFY'' instead of
``PFFY,'' and inadvertently listed the PLFY and PMFY series model
numbers as ``PEFY `` instead of ``PLFY'' and ``PMFY.'' MEUS requests
that on page 4 of the Initial Petition, four model numbers should be
revised as follows:
The ``PFFY Series--Floor Standing (Concealed)--PEFY-P06/
08/12/15/18/24***-*'' listing should be revised to read, ``PFFY
Series--Floor Standing (Concealed)--PFFY-P06/08/12/15/18/24***-*'';
The ``PFFY Series--Floor Standing (Exposed)--PEFY-P06/08/
12/15/18/24***-*'' listing should be revised to read, ``PFFY Series--
Floor Standing (Exposed)--PFFY-P06/08/12/15/18/24***-*'';
The ``PLFY Series--4-Way Airflow Ceiling Cassette--PEFY-
P12/18/24/30/36***-*'' listing should be revised to read, ``PLFY
Series--4-Way Airflow Ceiling Cassette--PLFY-P12/18/24/30/36***-*,''
and
The ``PMFY Series--1-Way Airflow Ceiling Cassette--PEFY-
P06/08/12/15***-*'' listing should be revised to read, ``PMFY Series--
1-Way Airflow Ceiling Cassette--PMFY-P06/08/12/15***-*.''
According to MEUS, the fifth correction reflects an updated model
number designation. At the time MEUS submitted its Initial Petition,
MEUS anticipated that the model number for the CITY MULTI Variable
Refrigerant Flow Zoning System S-Series Outdoor Equipment would be
PUMY-P48TGMU-*. The actual model number designation for its S-Series
products was, however, PUMY-P48NHMU-*. MEUS states that this change in
designation does not reflect any physical or technical changes in the
S-Series; the update is purely notational. Thus, MEUS requests that the
model number for the S-Series on page 4 of the Initial Petition be
changed from ``PUMY-P48TGMU-*, 48,000 Btu/h, 208/230-1-60 split-system
variable-speed heat pump'' to ``PUMY-P48NHMU-*, 48,000 Btu/h, 208/230-
1-60 split-system variable-speed heat pump.''
MEUS asserts that the corrections do not reflect any physical or
technical changes in the models listed in MEUS's Initial Petition. The
corrections simply address four typographical errors and update a
notation in model designation. Therefore, MEUS requests that the
interim waiver granted on March 24, 2006, should be interpreted to
apply to the models listed in the Corrected Petition. In addition, MEUS
requests that DOE use the corrected list of model numbers in any future
action on the Petition for Test Procedure Waiver.
III. Discussion
The Department has reviewed MEUS's Initial Petition and its request
to correct five minor errors in the list of model numbers for which
MEUS requested the waiver and interim waiver. The requested corrections
do not reflect any physical or technical changes in the models listed
in MEUS's Initial Petition. The corrections simply address four
typographical errors and update a notation in model designation. Given
that the corrections do not represent a request for coverage of
additional or different products, and do not change in any way the
basis for granting the interim waiver, DOE finds that it is appropriate
that the interim waiver granted on March 24, 2006, apply to the models
listed in the Corrected Petition. DOE thus clarifies that the March 24,
2006, interim waiver applies to the models listed in the Corrected
Petition, and DOE will use the corrected list of model numbers in any
[[Page 45049]]
future action on the pending Petition for Test Procedure Waiver.
Issued in Washington, DC, on July 31, 2006.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. E6-12851 Filed 8-7-06; 8:45 am]
BILLING CODE 6450-01-P