[Federal Register: April 9, 2009 (Volume 74, Number 67)]
[Notices]
[Page 16193-16197]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ap09-44]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. CAC-017]
Energy Conservation Program for Commercial Equipment: Decision
and Order Granting a Waiver to Sanyo Fisher Company From the Department
of Energy Commercial Package Air Conditioner and Heat Pump Test
Procedure and Denying a Waiver From the Residential Central Air
Conditioner and 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 Department of Energy's Decision and
Order in Case No. CAC-017, which grants a waiver to Sanyo Fisher
Company (Sanyo) from the existing Department of Energy (DOE) commercial
package air conditioner and heat pump test procedure. The waiver is
specific to the Sanyo Variable Refrigerant Flow (VRF) ECO-i multi-split
heat pumps and heat recovery systems. As a condition of this waiver,
Sanyo must test and rate its ECO-i VRF multi-split products according
to the alternate test procedure set forth in this notice. DOE is
denying as moot Sanyo's request for a waiver from the residential
central air conditioner and heat pump test procedures, because those
test procedures, as amended and currently effective, can be used to
test Sanyo's ECO-i VRF multi-split residential products.
DATES: This Decision and Order is effective April 9, 2009 and will
remain in effect until the effective date of a DOE final rule
prescribing amended test procedures appropriate for the model series of
Sanyo ECO-i VRF multi-split central air conditioners and heat pumps
covered by this waiver.
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: AS_Waiver_Requests@ee.doe.gov.
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:
Francine.Pinto@hq.doe.gov or Michael.Kido@hq.doe.gov.
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 Sanyo a waiver from the
existing DOE commercial package air conditioner and heat pump test
procedures\1\ for its VRF multi-split products, subject to a condition
requiring Sanyo to test and rate its VRF multi-split products pursuant
to the alternate test procedure provided in this notice. Further,
today's Decision and Order requires that Sanyo may not make any
representations concerning the energy efficiency of these products
unless such product has been tested in accordance with the DOE test
procedure, consistent with the provisions and restrictions of the
alternate test procedure set forth in the Decision and Order below, and
unless such representations fairly disclose the results of such
testing.\2\ 42 U.S.C. 6314(d).
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\1\ For commercial products, the applicable 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)).
\2\ Consistent with the statute, 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).
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DOE is denying as moot Sanyo's request for a waiver from the DOE
residential central air conditioner and heat pump test procedures for
its VRF multi-split products. As amended, the applicable DOE test
procedure for these residential products will allow Sanyo to test and
rate its residential VRF multi-split products.
Issued in Washington, DC, on March 30, 2009.
Steven G. Chalk,
Principal Deputy Assistant Secretary, Energy Efficiency and Renewable
Energy.
Decision and Order
In the Matter of: Sanyo Fisher Company (Sanyo) (Case No. CAC-017).
Background
Title III of the Energy Policy and Conservation Act (EPCA) sets
forth a variety of provisions concerning energy efficiency, including
Part A \3\ 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 \4\ 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. 42 U.S.C. 6311-6317.
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\3\ Part B of Title III of EPCA was redesignated Part A in the
United States Code for editorial reasons.
\4\ Part C of Title III of EPCA was redesignated Part A-1 in the
United States Code for editorial reasons.
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Today's notice involves residential products under Part A, as well
as commercial equipment under Part A-1. Under both parts, 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. 6291-6309; 42 U.S.C. 6311-6317.
With respect to test procedures, both parts generally authorize the
Secretary to prescribe test procedures that are reasonably designed to
produce results which reflect energy efficiency, energy use, and
estimated annual operating costs, and that are not unduly burdensome to
conduct. 42 U.S.C. 6293(b)(3), 6314(a)(2).
Relevant to the current Petition for Waiver, the test procedure for
residential central air conditioning and heat pump products is set
forth in 10 CFR Part 430, subpart B, Appendix M. On October 22, 2007,
DOE amended the test procedures for residential central air
conditioners and central air conditioning heat pumps. 72 FR 59906
(October 22, 2007). That final rule, which became effective on April
21, 2008, addressed issues that led to the requesting and granting of
test procedure waivers for several models of residential multi-split
systems. All waivers concerning residential modulating multi-split
systems terminated on the effective date of that final rule. These
amendments to the DOE test procedures, which are now incorporated in 10
CFR Part 430, subpart B, Appendix M, allow Sanyo to effectively test
its ECO-i VRF residential multi-split air conditioners and heat pumps.
Therefore, a waiver is no longer necessary for Sanyo's ECO-i VRF
residential multi-split air conditioners and heat pumps. Accordingly,
the following discussion will focus only on Sanyo's commercial ECO-i
VRF multi-split products, for
[[Page 16194]]
which its waiver request remains pertinent.
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). EPCA 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 that such a modified test procedure does not
meet the statutory criteria set forth in 42 U.S.C. 6314(a)(2) and (3).
42 U.S.C. 6314(a)(4)(B).
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 (December 8, 2006).
DOE adopted ARI Standard 210/240-2003 for commercial package air
conditioning and heating equipment with capacities <65,000 British
thermal units per hour (Btu/h) and ARI Standard 340/360-2004 for
commercial package air conditioning and heating equipment with
capacities >=65,000 Btu/h and <240,000 Btu/h. Id. at 71371. DOE's
regulations incorporate by reference the relevant ARI Standards. 10 CFR
431.95(b)(1) and (2). Table 1 of 10 CFR 431.96 directs manufacturers of
commercial package air-cooled air conditioning and heating equipment to
use the appropriate procedure when measuring the energy efficiency of
those products. The cooling capacities of Sanyo's ECO-i VRF commercial
multi-split products fall in the range covered by ARI Standard 340/360-
2004.
DOE's regulations contain provisions allowing a person to seek a
waiver from the test procedure requirements for covered commercial
equipment, for which 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 as to provide materially inaccurate comparative
data. 10 CFR 431.401(a)(1). Petitioners must include in their petitions
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). In general, a waiver terminates on the effective date of
a final rule, published in the Federal Register, 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 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 remains in effect for a period of 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 February 22, 2007, Sanyo filed a Petition for Waiver and an
Application for Interim Waiver from the test procedures applicable to
residential and commercial package air-conditioning and heating
equipment. The petition was published in the Federal Register on
January 2, 2008. See 73 FR 179. Sanyo did not include an alternate test
procedure in its Petition for Waiver.
In a similar and relevant case, DOE published a Petition for Waiver
from Mitsubishi Electric and Electronics USA, Inc. (MEUS) for
commercial variable refrigerant flow multi-split products very similar
to Sanyo's VRF 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. 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.
DOE received no comments on the Sanyo petition.
Assertions and Determinations
Sanyo's Petition for Waiver
Sanyo seeks a waiver and interim waiver from the test procedures
applicable to residential and commercial package air-conditioning and
heating equipment. It seeks a waiver on the grounds that it's ECO-i VRF
multi-split heat pump and heat recovery systems contain design
characteristics that prevent testing according to the current DOE test
procedures. Specifically, Sanyo 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 waiver granted to
MEUS for a similar line of commercial multi-splits:
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 52660, 52661 (August 27, 2004); 72 FR
17529.
Further, Sanyo states that its ECO-i product offering is a multi-
split system incorporating a diverse amount and configuration of indoor
units for connection to a single outdoor unit, and that it is
impractical to test the performance of each system under the current
DOE test procedure. The number of connectable indoor units for each
outdoor unit ranges from 6 to 28. Furthermore, the indoor units are
designed to operate at many different external static pressure values,
which compounds the difficulty of testing. A testing facility could not
manage proper airflow at several different external static pressure
values for the many indoor units that would be connected to an ECO-i
outdoor unit. Accordingly, Sanyo requests that DOE grant a waiver from
the applicable test procedure for its ECO-i product designs until a
suitable test procedure can be prescribed.
Previously, in addressing MEUS's R410A CITY MULTI VRFZ products,
which are similar to the Sanyo ECO-i 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
[[Page 16195]]
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.
In general, 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.
Furthermore, DOE stated in the notice publishing the MEUS Petition
for Waiver that if DOE 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 14861. Most of the
comments received by DOE in response to the March 2006 notice favored
the proposed alternate test procedure. 72 FR 17529. The comments
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.
DOE believes that the ECO-i Sanyo 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 is
therefore granting to Sanyo an ECO-i product waiver similar to the
previous MEUS multi-split waivers.
To enable Sanyo to make energy efficiency representations for its
specified ECO-i multi-split products, DOE has decided to require use of
the alternate test procedure described below, as a condition of Sanyo's
waiver. This alternate test procedure is substantially the same as the
one that DOE applied to the waiver for MEUS's R22 and R410A products,
which was published at 72 FR 17528.
Therefore, as discussed below, as a condition for granting this
Waiver to Sanyo, DOE is including an alternate test procedure similar
to those granted to MEUS for its R22 and R410A products. That alternate
test procedure served as the basis for the October 22, 2007 final
rule's amendments to the test procedures for residential central air
conditioners and central air conditioning heat pumps, which became
effective April 21, 2008. Since the residential test procedure is now
in place for central air conditioners and central air conditioning heat
pumps, Sanyo is able to make energy efficiency representations for its
specified VRF residential multi-split products. Accordingly, a waiver
for Sanyo's residential units is no longer necessary.
However, the same problem described above still applies to Sanyo's
commercial products. Therefore, DOE is issuing today's Decision and
Order granting Sanyo a test procedure waiver for its commercial VRF
multi-split heat pumps and heat recovery systems, but is requiring the
use of the alternate test procedure described below as a condition of
Sanyo's waiver. This alternate test procedure is substantially the same
as the one that DOE applied to the MEUS waiver published on April 9,
2007. Id.
Alternate Test Procedure
The alternate test procedure developed in conjunction with the MEUS
waiver has two basic components. First, it permits Sanyo 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 \5\ indoor units so that it can be tested in available test
facilities. 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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\5\ 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.
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Second, the alternate test procedure allows Sanyo to represent the
energy efficiency of that product. The DOE test procedure, as modified
by the alternate test procedure set forth in this Decision and Order,
provides for testing of a non-tested combination in two ways: (1) At an
energy efficiency level determined under a DOE-approved alternative
rating method; or, if the first method is not available, (2) at the
efficiency level of the tested combination utilizing the same outdoor
unit. Until an alternative rating method is developed, all combinations
with a particular outdoor unit may use the rating of the combination
tested with that outdoor unit.
As in the case of the MEUS waiver and alternate testing procedures,
DOE believes that allowing Sanyo to make energy efficiency
representations for non-tested combinations by adopting this
alternative test procedure 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 best efficiency when
operating with less than full loads. In fact, these products normally
operate at part-load conditions. 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 meet
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. 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 must 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 believes that the testing
problems described above would prevent testing of Sanyo's ECO-i VRF
multi-split basic
[[Page 16196]]
models according to the test procedures currently prescribed in 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 alternate test procedure for Sanyo's
commercial products, with the clarifications discussed above.
Consultations With Other Agencies
DOE consulted with the FTC staff concerning the Sanyo Petition for
Waiver. The FTC staff did not have any objections to the issuance of a
waiver to Sanyo.
Conclusion
After careful consideration of all the materials submitted by
Sanyo, and consultation with the FTC staff, it is ordered that:
(1) The ``Petition for Waiver'' filed by Sanyo Fisher Company
(Sanyo) (Case No. CAC-017) is hereby granted as set forth in the
paragraphs below.
(2) Sanyo shall not be required to test or rate its commercial ECO-
i VRF multi-split air conditioner and heat pump models listed below on
the basis of the current test procedure contained 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).
Outdoor units:
ECO-i Outdoor Model Identification
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Nominal Capacity Connectable
Model No. -------------------------- Type Phase Voltage indoor
Cooling Heating units
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CHDX09053..................... 95,500 107,500 Heat Pump........ 3 208-230 16
CHDZ09053..................... 95,500 107,500 Heat Recovery 3 208-230 16
(Simultaneous
heating/cooling).
CHDX14053..................... 153,600 170,600 Heat Pump........ 3 208-230 28
CHDZ14053..................... 153,600 170,600 Heat Recovery 3 208-230 28
(Simultaneous
heating/cooling).
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Indoor units:
AHX**52 Series; Ceiling Cassette, 1 Way Air Discharge,
7,500/9,600/12,000 BTU/hr nominal capacities.
DHX**52 Series; Concealed Ducted, Medium External Static,
36,000/47,800 BTU/hr nominal capacities.
FHX**52 Series; Exposed Floor Standing, 7,500/9,600/
12,000/19,000/25,000 BTU/hr nominal capacities.
FMHX**52 Series; Concealed Floor Standing, 7,500/9,600/
12,000/19,000/25,000 BTU/hr nominal capacities.
KHX**52 Series; Wall Mounted, 7,500/9,600/12,000/19,000/
25,000 BTU/hr nominal capacities.
LHX**52 Series; Ceiling Mount Slim Design 1 Way Air
Discharge, 12,000/19,000/25,000 BTU/hr nominal capacities.
SHX**52 Series; Ceiling Cassette, 2 Way Air Discharge,
7,500/9,600/12,000/19,000/25,000/36,000/47,800 BTU/hr nominal
capacities.
THX**52 Series; Ceiling Suspended, 12,000/19,000/25,000
BTU/hr nominal capacities.
UHX**52 Series; Concealed Ducted, Low External Static,
7,500/9,600/12,000/19,000/25,000/36,000 BTU/hr nominal capacities.
UMHX**52 Series; Concealed Slim Ducted, Low External
Static, 7,500/9,600/12,000/19,000/25,000 BTU/hr nominal capacities.
XHX**52 Series; Ceiling Cassette, 4 Way Air Discharge,
12,000/19,000/25,000/36,000 BTU/hr nominal capacities.
XMHX**52 Series, Mini Ceiling Cassette, 4 Way Air
Discharge, 7,500/9,600/12,000/19,000/25,000 BTU/hr nominal capacities.
(3) Alternate test procedure.
(A) Test procedures. Sanyo shall be required to test the products
listed in paragraph (2) according to the test procedures for central
air conditioners and heat pumps prescribed by DOE at 10 CFR 431.96,
except that Sanyo 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, Sanyo shall make representations concerning the
ECO-i VRF multi-split 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 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 to meet the requirements of (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 that is
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) All be subject to the same minimum external static pressure
requirement.
(C) Representations. In making representations about the energy
efficiency of its ECO-i VRF multi-split products, for compliance,
marketing, or other purposes, Sanyo 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 ECO-i VRF multi-split combinations tested in accordance
with this alternate test procedure, Sanyo may make representations
based on these test results.
(ii) For ECO-i VRF multi-split combinations that have not been
tested, Sanyo may make representations based on the testing results for
the tested combination and which are consistent with either of the two
following methods, except that only method (a) may be used, if
available:
(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
[[Page 16197]]
combination with the same outdoor unit.
(4) This waiver shall remain in effect from the date of issuance of
this Order until the effective date of a DOE final rule prescribing
amended test procedures appropriate to the model series manufactured by
Sanyo listed above.
(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 March 30, 2009.
Steven G. Chalk,
Principal Deputy Assistant Secretary, Energy Efficiency and Renewable
Energy.
[FR Doc. E9-7942 Filed 4-8-09; 8:45 am]
BILLING CODE 6450-01-P