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					                                                                       Federal Register / Vol. 73, No. 1 / Wednesday, January 2, 2008 / Notices                                               179

                                         Department may disclose those records                    SAFEGUARDS:                                           requests for access to a record must
                                         as a routine use to a party, counsel,                       This system of records limits data                 meet the requirements of the regulations
                                         representative, or witness.                              access to Department and contract staff               in 34 CFR 5b.5, including proof of
                                            (7) Freedom of Information Act                        on a need-to-know basis and controls                  identity.
                                         (FOIA) or Privacy Act Advice                             individual users’ ability to access and               CONTESTING RECORD PROCEDURE:
                                         Disclosure. The Department may                           alter records within the system. All
                                                                                                  users of this system of records are given                If you wish to contest the content of
                                         disclose records to the DOJ or the OMB
                                                                                                  a unique user identification and are                  a record regarding you in the system of
                                         if the Department concludes that
                                                                                                  required to establish a password that                 records, contact the system manager.
                                         disclosure is desirable or necessary in
                                                                                                  adheres to the Federal Student Aid                    Your request to correct or amend a
                                         determining whether particular records
                                                                                                  Information Security and Privacy Policy               record must meet the requirements of
                                         are required to be disclosed under the
                                                                                                  requiring a complex password that must                the regulations in 34 CFR 5b.7,
                                         FOIA or Privacy Act.
                                                                                                  be changed every 60–90 days in                        including proof of identity, specification
                                            (8) Disclosure to the DOJ. The                                                                              of the particular record that you are
                                         Department may disclose records to the                   accordance with Department
                                                                                                  information technology standards.                     seeking to have changed, and the
                                         DOJ to the extent necessary to obtain                                                                          written justification for making such a
                                         DOJ advice on any matter relevant to an                  Annually, all users of FMS must
                                                                                                  acknowledge the completion of FMS-                    change.
                                         audit, inspection, or other inquiry
                                         related to the programs covered by this                  specific security awareness training                  RECORD SOURCE CATEGORIES:
                                         system.                                                  before they can obtain or renew their                    Information in this system is obtained
                                            (9) Congressional Member Disclosure.                  access to this system of records. An                  from other Department and contractor-
                                         The Department may disclose the                          automated audit trail documents the                   managed systems, such as the Direct
                                         records of an individual to a member of                  identity of each person and device                    Loan Servicing, Direct Loan
                                         Congress or the member’s staff in                        having access to FMS.                                 Consolidation System, Conditional
                                         response to an inquiry from the member                   RETENTION AND DISPOSAL:
                                                                                                                                                        Disability Discharge Tracking System,
                                         made at the written request of that                                                                            Campus Based Student Loan System, as
                                                                                                    FMS’ records retention and disposal                 well as manual and electronic processes
                                         individual. The member’s right to the                    schedule is in compliance with the
                                         information is no greater than the right                                                                       internal to Federal Student Aid.
                                                                                                  Department’s Records Retention and
                                         of the individual who requested the                      Disposition Schedule (RRDS) policy and                EXEMPTIONS CLAIMED FOR THE SYSTEM:
                                         inquiry.                                                 the guidance specified in the National                   None.
                                            (10) Disclosure in the Course of                      Archives and Records Administration                   [FR Doc. E7–25520 Filed 12–31–07; 8:45 am]
                                         Responding to Breach of Data. The                        (NARA) General Records Schedule                       BILLING CODE 4000–01–P
                                         Department may disclose records from                     (GRS) 7 entitled ‘‘Expenditure
                                         this system of records to appropriate                    Accounting Records.’’
                                         agencies, entities, and persons when: (a)
                                         The Department suspects or has                           SYSTEM MANAGER(S) AND ADDRESS:                        DEPARTMENT OF ENERGY
                                         confirmed that the security or                             (1) Financial Management System                     Office of Energy Efficiency and
                                         confidentiality of information in the                    (FMS)—Director, Financial Management                  Renewable Energy
                                         FMS has been compromised; (b) the                        Group, OCFO, Federal Student Aid, U.S.
                                         Department has determined that as a                      Department of Education, 830 1st Street,              Energy Conservation Program for
                                         result of the suspected or confirmed                     NE., UCP, Washington, DC 20202–5345.                  Consumer Products: Publication of the
                                         compromise, there is a risk of harm to                     (2) Direct Loan Servicing System                    Petition for Waiver From Sanyo Fisher
                                         economic or property interests, identity                 (DLSS)—Director, Servicing Group,                     Company and Granting of the
                                         theft or fraud, or harm to the security or               Borrower Services, Federal Student Aid,               Application for Interim Waiver From
                                         integrity of the FMS or other systems or                 U.S. Department of Education, 830 1st                 the Department of Energy Residential
                                         programs (whether maintained by the                      Street, NE., UCP, Washington, DC                      and Commercial Central Air
                                         Department or another agency or entity)                  20202–5345.                                           Conditioner and Heat Pump Test
                                         that rely upon the compromised                             (3) Direct Loan Consolidation System                Procedures [Case No. CAC–017]
                                         information; and, (c) the disclosure                     (DLCS)—Director, Consolidation Group,
                                         made to such agencies, entities, and                     Borrower Services, Federal Student Aid,               AGENCY:  Office of Energy Efficiency and
                                         persons is reasonably necessary to assist                U.S. Department of Education, 830 1st                 Renewable Energy, Department of
                                         in connection with the Department’s                      Street, NE., UCP, Washington, DC                      Energy.
                                         efforts to respond to the suspected or                   20202–5345.                                           ACTION: Notice of petition for waiver,
                                         confirmed compromise and prevent,                                                                              granting of application for interim
                                                                                                  NOTIFICATION PROCEDURE:                               waiver, and request for comments.
                                         minimize, or remedy such harm.
                                                                                                    If you wish to determine whether a
                                         POLICIES AND PRACTICES FOR STORING,                      record exists regarding you in the                    SUMMARY: This notice announces receipt
                                         RETRIEVING, ACCESSING, RETAINING, AND                    system of records, provide the system                 of and publishes a Petition for Waiver
                                         DISPOSING OF RECORDS IN THE SYSTEM:                      manager with your name, date of birth,                from Sanyo Fisher Company, (Sanyo).
                                                                                                  and social security number. Your                      The Petition for Waiver (hereafter
                                         STORAGE:
                                                                                                  requests must meet the requirements of                ‘‘Sanyo Petition’’) requests a waiver of
                                           Records are maintained in hardcopy,                    the regulations in 34 CFR 5b.5,                       the Department of Energy (DOE) test
                                         microfilm, magnetic storage and optical                  including proof of identity.                          procedures applicable to residential and
                                         storage media, such as tape, disk, etc.                                                                        commercial central air conditioners and
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                                                                                                  RECORD ACCESS PROCEDURE:                              heat pumps. The waiver request is
                                         RETRIEVABILITY:
                                                                                                    If you wish to gain access to a record              specific to the Sanyo Variable
                                           Records in this system are retrievable                 in this system of records, provide the                Refrigerant Flow (VRF) ECO-i multi-
                                         by social security number or name of                     system manager with your name, date of                split heat pumps and heat recovery
                                         borrower.                                                birth, and social security number. Your               systems. Through this document, DOE


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                                         180                          Federal Register / Vol. 73, No. 1 / Wednesday, January 2, 2008 / Notices

                                         is: (1) Soliciting comments, data, and                  or she believes to be confidential and                efficiency program titled ‘‘Certain
                                         information with respect to the Sanyo                   exempt by law from public disclosure                  Industrial Equipment,’’ which includes
                                         Petition; and (2) granting an Interim                   should submit two copies: One copy of                 commercial air conditioning and
                                         Waiver to Sanyo from the DOE test                       the document including all the                        heating equipment, package boilers,
                                         procedures for residential and                          information believed to be confidential,              water heaters, and other types of
                                         commercial central air conditioners and                 and one copy of the document with the                 commercial equipment. (42 U.S.C.
                                         heat pumps.                                             information believed to be confidential               6311–6317)
                                         DATES: DOE will accept comments, data,                  deleted. DOE will make its own                           This notice involves residential
                                         and information with respect to the                     determination about the confidential                  products under Part B, as well as
                                         Sanyo Petition until, but no later than                 status of the information and treat it                commercial equipment under Part C.
                                         February 1, 2008.                                       according to its determination.                       Under both parts, the statute specifically
                                                                                                    Docket: For access to the docket to                includes definitions, test procedures,
                                         ADDRESSES: You may submit comments,
                                                                                                 review the documents relevant to this                 labeling provisions, energy conservation
                                         identified by case number [CAC–017],
                                                                                                 matter, you may visit the U.S.                        standards, and the authority to require
                                         by any of the following methods:                        Department of Energy, 950 L’Enfant                    information and reports from
                                            • Federal eRulemaking Portal: http://
                                                                                                 Plaza (Resource Room of the Building                  manufacturers. (42 U.S.C. 6291–6296;
                                         www.regulations.gov. Follow the                         Technologies Program), Washington,                    6311–6316) With respect to test
                                         instructions for submitting comments.                   DC, (202) 586–2945, between 9 a.m. and                procedures, both parts authorize the
                                            • E-mail: Michael.Raymond                            4 p.m., Monday through Friday, except                 Secretary of Energy (the Secretary) to
                                         @ee.doe.gov. Include either the case                    Federal holidays. Available documents                 prescribe test procedures that are
                                         number [CAC–017], and/or ‘‘Sanyo                        include the following items: (1) This                 reasonably designed to produce results
                                         Petition’’ in the subject line of the                   notice; (2) public comments received;                 which reflect energy efficiency, energy
                                         message.                                                (3) the Petition for Waiver and                       use, and estimated annual operating
                                            • Mail: Ms. Brenda Edwards-Jones,                    Application for Interim Waiver; and (4)               costs, and that are not unduly
                                         U.S. Department of Energy, Building                     prior DOE rulemakings regarding central               burdensome to conduct. (42 U.S.C.
                                         Technologies Program, Mailstop EE–2J,                   air conditioners and heat pumps. Please               6293(b)(3); 6314(a)(2))
                                         Forrestal Building, 1000 Independence                   call Ms. Brenda Edwards-Jones at the                     Relevant to the current Petition for
                                         Avenue, SW., Washington, DC 20585–                      above telephone number for additional                 Waiver, the test procedure for
                                         0121. Telephone: (202) 586–2945.                        information regarding visiting the                    residential central air conditioning and
                                         Please submit one signed original paper                 Resource Room. Please note that DOE’s                 heat pump products is set forth in 10
                                         copy.                                                   Freedom of Information Reading Room                   CFR Part 430, Subpart B, Appendix M.
                                            • Hand Delivery/Courier: Ms. Brenda                  (formerly Room 1E–190 at the Forrestal                For commercial package air
                                         Edwards-Jones, U.S. Department of                       Building) is no longer housing                        conditioning and heating equipment,
                                         Energy, Building Technologies Program,                  rulemaking materials.                                 EPCA provides that ‘‘the test procedures
                                         950 L’Enfant Plaza, SW., Washington,                                                                          shall be those generally accepted
                                                                                                 FOR FURTHER INFORMATION CONTACT: Dr.
                                         DC 20585–0121. Please submit one                                                                              industry testing procedures or rating
                                                                                                 Michael G. Raymond, U.S. Department
                                         signed original paper copy.                                                                                   procedures developed or recognized by
                                                                                                 of Energy, Building Technologies
                                            Instructions: All submissions received                                                                     the Air-Conditioning and Refrigeration
                                                                                                 Program, Mail Stop EE–2J, Forrestal
                                         must include the agency name and case                                                                         Institute [ARI] or by the American
                                                                                                 Building, 1000 Independence Avenue,
                                         number for this proceeding. Submit                                                                            Society of Heating, Refrigerating and
                                                                                                 SW., Washington, DC 20585–0121.
                                         electronic comments in WordPerfect,                                                                           Air-Conditioning Engineers [ASHRAE],
                                                                                                 Telephone: (202) 586–9611. E-mail:
                                         Microsoft Word, Portable Document                                                                             as referenced in ASHRAE/IES
                                                                                                 Michael.Raymond@ee.doe.gov.
                                         Format (PDF), or text (American                                                                               [Illuminating Engineering Society of
                                                                                                    Ms. Francine Pinto or Mr. Eric Stas,
                                         Standard Code for Information                                                                                 North America] Standard 90.1 and in
                                                                                                 U.S. Department of Energy, Office of the
                                         Interchange (ASCII)) file format, and                                                                         effect on June 30, 1992.’’ (42 U.S.C.
                                                                                                 General Counsel, Mail Stop GC–72,
                                         avoid the use of special characters or                                                                        6314(a)(4)(A)) Under 42 U.S.C.
                                                                                                 Forrestal Building, 1000 Independence
                                         any form of encryption. Wherever                                                                              6314(a)(4)(B), the statute further directs
                                                                                                 Avenue, SW., Washington, DC 20585–
                                         possible, include the electronic                                                                              the Secretary to amend the test
                                                                                                 0103. Telephone: (202) 586–9507. E-
                                         signature of the author. Absent an                                                                            procedure for a covered commercial
                                                                                                 mail: Francine.Pinto@hq.doe.gov or
                                         electronic signature, comments                                                                                product if the industry test procedure is
                                                                                                 Eric.Stas@hq.doe.gov.
                                         submitted electronically must be                                                                              amended, unless the Secretary
                                         followed and authenticated by                           SUPPLEMENTARY INFORMATION:                            determines that such a modified test
                                         submitting the signed original paper                    Table of Contents                                     procedure does not meet the statutory
                                         document. DOE does not accept                                                                                 criteria set forth in 42 U.S.C. 6314(a)(2)
                                         telefacsimiles (faxes).                                 I. Background and Authority
                                                                                                 II. Petition for Waiver
                                                                                                                                                       and (3).
                                            Any person submitting written                        III. Application for Interim Waiver
                                                                                                                                                          On December 8, 2006, DOE published
                                         comments must also send a copy of                       IV. Alternate Test Procedure                          a final rule in the Federal Register
                                         such comments to the petitioner,                        V. Summary and Request for Comments                   adopting test procedures for commercial
                                         pursuant to 10 CFR 430.27(d) and 10                                                                           package air conditioning and heating
                                         CFR 431.401(d). The contact                             I. Background and Authority                           equipment, effective January 8, 2007. 71
                                         information for the petitioner is: Mr.                     Title III of the Energy Policy and                 FR 71340. DOE adopted ARI Standard
                                         Davis Watkins, Vice President, Applied                  Conservation Act (EPCA) sets forth a                  210/240–2003 for commercial package
                                         Products Group, Sanyo Fisher                            variety of provisions concerning energy               air conditioning and heating equipment
                                         Company, 1690 Roberts Blvd., NW.,                       efficiency. Part B of Title III establishes           with capacities <65,000 British thermal
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                                         Suite 110, Kennesaw, GA 30144.                          the ‘‘Energy Conservation Program for                 units per hour (Btu/h) and ARI Standard
                                         Telephone: (678) 384–3112. E-mail:                      Consumer Products Other Than                          340/360–2004 for commercial package
                                         dwatkins@sss.sanyo.com.                                 Automobiles.’’ (42 U.S.C. 6291–6309)                  air conditioning and heating equipment
                                            According to 10 CFR 1004.11, any                     Similar to the Program in Part B, Part C              with capacities ≥65,000 Btu/h and
                                         person submitting information that he                   of Title III provides for an energy                   <240,000 Btu/h. Id. at 71371. Pursuant


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                                                                      Federal Register / Vol. 73, No. 1 / Wednesday, January 2, 2008 / Notices                                                       181

                                         to this rulemaking, DOE’s regulations at                431.401(e)(3). An Interim Waiver                         Accordingly, Sanyo requests that DOE
                                         10 CFR 431.95(b)(2) incorporate by                      remains in effect for a period of 180                 grant a test procedure waiver for its
                                         reference the relevant ARI standards,                   days or until DOE issues its                          ECO-i product designs, until a suitable
                                         and DOE’s regulations at 10 CFR 431.96                  determination on the Petition for                     test method can be prescribed.
                                         direct manufacturers of commercial                      Waiver, whichever is sooner, and may                  Furthermore, Sanyo states that failure to
                                         package air conditioning and heating                    be extended for an additional 180 days,               grant the waiver would result in
                                         equipment to use the appropriate                        if necessary. 10 CFR 430.27(h); 10 CFR                economic hardship because it would
                                         procedure when measuring energy                         431.401(e)(4).                                        prevent the company from marketing its
                                         efficiency of those products. (The                                                                            ECO-i products. Also, Sanyo states that
                                         cooling capacities of Sanyo’s ECO-i VFR                 II. Petition for Waiver                               it is willing to work closely with DOE,
                                         commercial and residential multi-split                    On February 22, 2007, Sanyo filed a                 the Air-Conditioning and Refrigeration
                                         products respectively fall in the ranges                Petition for Waiver from the test                     Institute (ARI), and other agencies to
                                         covered by ARI Standard 340/360–2004                    procedures applicable to residential and              develop appropriate test procedures, as
                                         and the DOE test procedure for                          commercial package air-conditioning                   necessary.
                                         residential products referred to above.)                and heating equipment and an
                                            DOE’s regulations contain provisions                                                                       III. Application for Interim Waiver
                                                                                                 Application for Interim Waiver. The
                                         allowing a person to seek a waiver from                 applicable test procedure for Sanyo’s                    On February 22, 2007, in addition to
                                         the test procedure requirements for                     residential ECO-i multi-split products is             its Petition for Waiver, Sanyo also
                                         covered consumer products, if the                       the DOE residential test procedure                    submitted an Application for Interim
                                         petitioner’s basic model contains one or                found in 10 CFR Part 430, Subpart B,                  Waiver to DOE. Sanyo’s Application for
                                         more design characteristics that prevent                Appendix M. For Sanyo’s commercial                    Interim Waiver does not provide
                                         testing according to the prescribed test                ECO-i multi-split products, the                       sufficient information to evaluate the
                                         procedures, or if the test procedures                   applicable test procedure is ARI 340/                 level of economic hardship Sanyo will
                                         may evaluate the basic product in a                     360–2004, because, as discussed in the                likely experience if its Application for
                                         manner so unrepresentative of its true                  previous section I above (Background                  Interim Waiver is denied. However, in
                                         energy consumption as to provide                        and Authority), this is the test                      those instances where the likely success
                                         materially inaccurate comparative data.                 procedure specified in Tables 1 and 2 to              of the Petition for Waiver has been
                                         10 CFR 430.27(a)(1). The waiver                         10 CFR 431.96.                                        demonstrated, based upon DOE having
                                         provisions for commercial equipment                       Sanyo seeks a waiver from the DOE                   granted a waiver for a similar product
                                         are substantively identical to those for                test procedures for this product class on             design, it is in the public interest to
                                         covered consumer products and are                       the grounds that its ECO-i multi-split                have similar products tested and rated
                                         found at 10 CFR 431.401(a)(1).                          heat pump and heat recovery systems                   for energy consumption on a
                                         Petitioners must include in their                       contain design characteristics that                   comparable basis. DOE has previously
                                         petition any alternate test procedures                  prevent testing according to the current              granted Interim Waivers to Fujitsu,
                                         known to evaluate the basic model in a                  DOE test procedures. Specifically,                    Samsung, and Daikin for comparable
                                         manner representative of its energy                     Sanyo asserts that the two primary                    residential and commercial multi-split
                                         consumption. 10 CFR 430.27(b)(1)(iii);                  factors that prevent testing of multi-split           air conditioners and heat pumps. 70 FR
                                         10 CFR 431.401(b)(1)(iii). The Assistant                variable speed products, regardless of                5980 (Feb. 4, 2005); 70 FR 9629 (Feb. 28,
                                         Secretary for Energy Efficiency and                     manufacturer, are the same factors                    2005); 72 FR 53237 (Sept. 18, 2007),
                                         Renewable Energy (the Assistant                         stated in the waiver granted to                       respectively.
                                         Secretary) may grant the waiver subject                                                                          Moreover, as noted above, DOE
                                                                                                 Mitsubishi Electric & Electronics USA,
                                         to conditions, including adherence to                                                                         approved the Petition for Waiver from
                                                                                                 Inc. (Mitsubishi) for a similar line of
                                         alternate test procedures. 10 CFR                                                                             Mitsubishi for its comparable line of
                                                                                                 commercial multi-splits:
                                         430.27(l); 10 CFR 431.401(f)(4). Waivers                                                                      commercial multi-split air conditioners
                                                                                                   • Testing laboratories cannot test
                                         generally remain in effect until the                                                                          and heat pumps. 69 FR 52660 (August
                                                                                                 products with so many indoor units.
                                         effective date of a final rule which                                                                          27, 2004). The two principal reasons for
                                                                                                   • There are too many possible
                                         prescribes amended test procedures                                                                            granting these waivers also apply to
                                                                                                 combinations of indoor and outdoor
                                         appropriate to the model series                                                                               Sanyo’s VRV–II–S products: (1) Test
                                                                                                 units to test.
                                         manufactured by the petitioner, thereby                                                                       laboratories cannot test products with so
                                         eliminating any need for the                            69 FR 52660, 52661 (August 27, 2004).                 many indoor units 1; and (2) it is
                                         continuation of the waiver. 10 CFR                        Further, Sanyo states that its ECO-i                impractical to test so many
                                         430.27(m); 431.401(g).                                  product offering is a multi-split system              combinations of indoor units with each
                                            The waiver process also permits                      incorporating a diverse amount and                    outdoor unit. Thus, DOE has
                                         parties submitting a Petition for Waiver                configuration of indoor units for                     determined that it is likely that Sanyo’s
                                         to file an Application for Interim Waiver               connection to a single outdoor unit, and              Petition for Waiver will be granted for
                                         from the prescribed test procedure                      that it is impractical to test the                    its new ECO-i multi-split models.
                                         requirements. 10 CFR 430.27(a)(2); 10                   performance of each system under the                  Therefore, it is ordered that:
                                         CFR 431.401(a)(2). The Assistant                        current DOE test procedure. The                          The Application for Interim Waiver
                                         Secretary will grant an Interim Waiver                  number of connectable indoor units for                filed by Sanyo is hereby granted for
                                         request if it is determined that the                    each outdoor unit ranges from 6 to 28.                Sanyo’s ECO-i multi-split central air
                                         applicant will experience economic                      Furthermore, the indoor units are                     conditioners and central air-
                                         hardship if the Interim Waiver is                       designed to operate at many different                 conditioning heat pumps, subject to the
                                         denied, if it appears likely that the                   external static pressure values, which                specifications and conditions below.
                                         Petition for Waiver will be granted, and/               compounds the difficulty of testing. A
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                                         or the Assistant Secretary determines                   testing facility could not manage proper                1 According to the Sanyo petition, up to 28 indoor

                                         that it would be desirable for public                   airflow at several different external                 units are possible candidates for testing of its
                                                                                                                                                       residential and commercial multi-split air
                                         policy reasons to grant immediate relief                static pressure values for the many                   conditioners and heat pumps. However, DOE
                                         pending a determination on the Petition                 indoor units that would be connected to               believes that the practical limits for testing would
                                         for Waiver. 10 CFR 430.27(g); 10 CFR                    an ECO-i outdoor unit.                                be about five units.



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                                         182                                 Federal Register / Vol. 73, No. 1 / Wednesday, January 2, 2008 / Notices

                                         The Interim Waiver applies to the                                  430, Subpart B, Appendix M. Sanyo                           2. Sanyo shall be required to test and
                                         following models:                                                  shall not be required to test or rate its                rate its ECO-i products according to the
                                           1. Sanyo shall not be required to test                           ECO-i commercial products on the basis                   alternate test procedure as set forth
                                         or rate its ECO-i residential products on                          of the currently applicable test                         below in section IV(3), ‘‘Alternate test
                                         the basis of the currently applicable test                         procedure, which is set forth in ARI                     procedure.’’
                                         procedure, which is set forth in 10 CFR                            Standard 340/360–2004.                                         Outdoor units:
                                                                                                           ECO-I OUTDOOR MODEL IDENTIFICATION
                                                                                                                  Nominal Capacity                                                                    Connectable
                                                                Model #                                                                                  Type                Phase      Voltage       Indoor Units
                                                                                                           Cooling              Heating

                                         CHX3652 ...................................................              38,200            42,700     Heat Pump ..............           1         208–230              6
                                         CHX06052 .................................................               52,900            60,000     Heat Pump ..............           1         208–230              9
                                         CHDX09053 ...............................................                95,500           107,500     Heat Pump ...............          3         208–230             16
                                         CHDZ09053 ...............................................                95,500           107,500     Heat Recovery (Si-                 3         208–230             16
                                                                                                                                                multaneous heat-
                                                                                                                                                ing/cooling).
                                         CHDX14053 ...............................................            153,600              170,600     Heat Pump ..............           3         208–230             28
                                         CHDZ14053 ...............................................            153,600              170,600     Heat Recovery (Si-                 3         208–230             28
                                                                                                                                                multaneous heat-
                                                                                                                                                ing/cooling).



                                           Indoor units:                                                    statements, representations, and                            Therefore, as discussed below, DOE is
                                           • AHX**52 Series; Ceiling Cassette, 1                            documentary materials provided by the                    including an alternate test procedure as
                                         Way Air Discharge, 7,500/9,600/12,000                              petitioner. DOE may revoke or modify                     a condition in granting the Interim
                                         BTU/hr nominal capacities.                                         this Interim Waiver at any time upon a                   Waiver for Sanyo’s products, and plans
                                           • DHX**52 Series; Concealed Ducted,                              determination that the factual basis                     to consider the same alternate test
                                         Medium External Static, 36,000/47,800                              underlying the Petition for Waiver is                    procedure in the context of the
                                         BTU/hr nominal capacities.                                         incorrect, or upon a determination that                  subsequent Decision and Order
                                           • FHX**52 Series; Exposed Floor                                  the results from the alternate test                      pertaining to Sanyo’s Petition for
                                         Standing, 7,500/9,600/12,000/19,000/                               procedure are unrepresentative of the                    Waiver. Utilization of this alternate test
                                         25,000 BTU/hr nominal capacities.                                  basic models’ true energy consumption                    procedure will allow Sanyo to test and
                                           • FMHX**52 Series; Concealed Floor                               characteristics.                                         make energy efficiency representations
                                         Standing, 7,500/9,600/12,000/19,000/                                                                                        for its ECO-i products. More broadly,
                                         25,000 BTU/hr nominal capacities.                                  IV. Alternate Test Procedure
                                                                                                                                                                     DOE has also applied a similar alternate
                                           • KHX**52 Series; Wall Mounted,                                     In response to two recent Petitions for               test procedure to other existing waivers
                                         7,500/9,600/12,000/19,000/25,000 BTU/                              Waiver from Mitsubishi, DOE specified                    for similar residential and commercial
                                         hr nominal capacities.                                             an alternate test procedure to provide a                 central air conditioners and heat pumps.
                                           • LHX**52 Series; Ceiling Mount                                  basis from which Mitsubishi could test                   Such cases include Samsung’s Decision
                                         Slim Design 1 Way Air Discharge,                                   and make valid energy efficiency                         and Order for its multi-split products at
                                         12,000/19,000/25,000 BTU/hr nominal                                representations for its R410A CITY                       72 FR 71387 (Dec. 17, 2007), and
                                         capacities.                                                        MULTI products, as well as for its R22                   Fujitsu’s Decision and Order for its
                                           • SHX**52 Series; Ceiling Cassette, 2                            multi-split products. The Mitsubishi                     multi-split products at 72 FR 71383
                                         Way Air Discharge, 7,500/9,600/12,000/                             petitions, including the alternate test                  (Dec. 17, 2007). As noted above, the
                                         19,000/25,000/36,000/47,800 BTU/hr                                 procedure, were published in the                         alternate test procedure has been
                                         nominal capacities.                                                Federal Register on April 9, 2007. 72 FR                 applied to Mitsubishi’s Petition for
                                           • THX**52 Series; Ceiling                                                                                                 Waiver for its R410A CITY MULTI and
                                                                                                            17528, 17532. For similar reasons, DOE
                                         Suspended, 12,000/19,000/25,000 BTU/                                                                                        R22 multi-split products. 72 FR 17528
                                                                                                            believes that alternate test procedures
                                         hr nominal capacities.                                                                                                      (April 9, 2007).
                                                                                                            are necessary here.
                                           • UHX**52 Series; Concealed
                                         Ducted, Low External Static, 7,500/                                   In general, DOE understands that                         DOE believes that an alternate test
                                         9,600/12,000/19,000/25,000/36,000                                  existing testing facilities have a limited               procedure is needed so that
                                         BTU/hr nominal capacities.                                         ability to test multiple indoor units at                 manufacturers of such products can
                                           • UMHX**52 Series; Concealed Slim                                one time, and the number of possible                     make valid and consistent
                                         Ducted, Low External Static, 7,500/                                combinations of indoor and outdoor                       representations of energy efficiency for
                                         9,600/12,000/19,000/25,000 BTU/hr                                  units for some variable refrigerant flow                 their air-conditioning products. In the
                                         nominal capacities.                                                zoned systems is impractical to test. We                 present case, DOE is modifying the
                                           • XHX**52 Series; Ceiling Cassette, 4                            further note that subsequent to the                      alternate test procedure taken from the
                                         Way Air Discharge, 12,000/19,000/                                  waiver that DOE granted for                              above-referenced waiver granted to
                                         25,000/36,000 BTU/hr nominal                                       Mitsubishi’s R22 multi-split products,                   Mitsubishi for its R410A CITY MULTI
                                         capacities.                                                        ARI formed a committee to discuss the                    products, and plans to consider
                                           • XMHX**52 Series, Mini Ceiling                                  issue and to work on developing an                       inclusion of the following similar
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                                         Cassette, 4 Way Air Discharge, 7,500/                              appropriate testing protocol for variable                waiver language in the Decision and
                                         9,600/12,000/19,000/25,000 BTU/hr                                  refrigerant flow systems. However, to                    Order for Sanyo’s ECO-i multi-split air
                                         nominal capacities.                                                date, no additional test methodologies                   conditioner and heat pump models:
                                           This Interim Waiver is conditioned                               have been adopted by the committee or                       (1) The ‘‘Petition for Waiver’’ filed by
                                         upon the presumed validity of                                      submitted to DOE.                                        Sanyo Fisher Company (Sanyo) is


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                                                                      Federal Register / Vol. 73, No. 1 / Wednesday, January 2, 2008 / Notices                                                 183

                                         hereby granted as set forth in the                         (B) Tested combination means a                     applicable to Sanyo’s ECO-i residential
                                         paragraphs below.                                       multi-split system with multiple indoor               and commercial multi-split air
                                            (2) Sanyo shall not be required to test              coils having the following features:                  conditioner and heat pump products,
                                         or rate its ECO-i variable refrigerant                     (1) The basic model of a system used               and for the reasons articulated above,
                                         volume multi-split air conditioner and                  as a tested combination shall consist of              DOE is granting Sanyo an Interim
                                         heat pump products listed above in                      one outdoor unit, with one or more                    Waiver from those procedures. As part
                                         section III, on the basis of the current                compressors, that is matched with                     of this notice, DOE is publishing
                                         test procedures, but shall be required to               between 2 and 5 indoor units; for multi-              Sanyo’s Petition for Waiver in its
                                         test and rate such products according to                split systems, each of these indoor units             entirety. The petition contains no
                                         the alternate test procedure as set forth               shall be designed for individual                      confidential information. Furthermore,
                                         in paragraph (3).                                       operation.                                            today’s notice includes an alternate test
                                                                                                    (2) The indoor units shall—                        procedure that Sanyo is required to
                                            (3) Alternate test procedure.                           (i) Represent the highest sales model              follow as a condition of its Interim
                                            (A) Sanyo shall be required to test the              family, or another indoor model family                Waiver and which DOE is considering
                                         products listed in section III above                    if the highest sales model family does                including in its subsequent Decision
                                         according to the test procedures for                    not provide sufficient capacity (see ii);             and Order. In this alternate test
                                         central air conditioners and heat pumps                    (ii) Together, have a nominal capacity             procedure, DOE is defining a ‘‘tested
                                         prescribed by DOE at 10 CFR Parts 430                   that is between 95% and 105% of the                   combination’’ which Sanyo could use in
                                         and 431, except that:                                   nominal capacity of the outdoor unit;                 lieu of testing all retail combinations of
                                            (i) For products covered by 10 CFR                      (iii) Not, individually, have a capacity           its ECO-i multi-split air conditioner and
                                         Part 430 (consumer products), Sanyo                     that is greater than 50% of the nominal               heat pump products.
                                         shall not be required to comply with: (1)               capacity of the outdoor unit;                            Furthermore, should a subsequent
                                         The first sentence in 10 CFR                               (iv) Operate at fan speeds that are                manufacturer be unable to test all retail
                                         430.24(m)(2), which refers to ‘‘that                    consistent with the manufacturer’s                    combinations, DOE is considering
                                         combination manufactured by the                         specifications; and                                   allowing such manufacturers to rate
                                         condensing unit manufacturer likely to                     (v) All be subject to the same                     waived products according to an ARM
                                         have the largest volume of retail sales’’;              minimum external static pressure                      approved by DOE, or to rate waived
                                         and (2) the third sentence in 10 CFR                    requirement while being configurable to               products in the same manner as that for
                                         430(m)(2), including the provisions of                  produce the same static pressure at the               the specified tested combination. DOE
                                         10 CFR 430(m)(2)(i) and (ii). Instead of                exit of each outlet plenum when                       has applied a similar alternate test
                                         testing the combinations likely to have                 manifolded as per section 2.4.1 of 10                 procedure to other comparable Petitions
                                         the highest volume of retail sales, Sanyo               CFR Part 430, Subpart B, Appendix M.                  for Waiver for residential and
                                         may test a ‘‘tested combination’’                          (C) Representations. In making                     commercial central air conditioners and
                                         selected in accordance with the                         representations about the energy                      heat pumps. Such cases include
                                         provisions of subparagraph (B) of this                  efficiency of its ECO-i variable                      Samsung’s Petition for Waiver for its
                                         paragraph. Additionally, instead of                     refrigerant volume multi-split air                    Digital Variable Multi (DVM) products
                                         following the provisions of 10 CFR                      conditioner and heat pump products,                   at 72 FR 71387 (Dec. 17, 2007), and
                                         430(m)(2)(i) and (ii) for every other                   for compliance, marketing, or other                   Fujitsu’s Petition for Waiver for its
                                         system combination using the same                       purposes, Sanyo must fairly disclose the              Airstage variable refrigerant flow
                                         outdoor unit as the tested combination,                 results of testing under the DOE test                 products at 72 FR 71383 (Dec. 17, 2007).
                                         Sanyo shall make representations                        procedure, doing so in a manner                          DOE is interested in receiving
                                         concerning the ECO-i products covered                   consistent with the provisions outlined               comments on the issues addressed in
                                         in this waiver according to the                         below:                                                this notice. Pursuant to 10 CFR
                                         provisions of subparagraph (C) below.                      (i) For ECO-i multi-split combinations             430.27(d) and 10 CFR 431.401(d), any
                                                                                                 tested in accordance with this alternate              person submitting written comments
                                            (ii) For products covered by 10 CFR
                                                                                                 test procedure, Sanyo must disclose                   must also send a copy of such
                                         Part 430 (consumer products), Sanyo
                                                                                                 these test results.                                   comments to the petitioner, whose
                                         shall be required to comply with 10 CFR                    (ii) For ECO-i multi-split
                                         Part 430, Subpart B, Appendix M, as                                                                           contact information is included in the
                                                                                                 combinations that are not tested, Sanyo               ADDRESSES section above.
                                         amended by the final rule published in                  must make a disclosure based on the
                                         the Federal Register on October 22,                                                                             Issued in Washington, DC, on December
                                                                                                 testing results for the tested                        20, 2007.
                                         2007. 72 FR 59906. The test procedure                   combination and which are consistent
                                         changes applicable to multi-split                                                                             Alexander A. Karsner,
                                                                                                 with either of the two following
                                         products are in sections: 2.1, 2.2.3,                                                                         Assistant Secretary, Energy Efficiency and
                                                                                                 methods, except that only method (a)                  Renewable Energy.
                                         2.4.1, 3.2.4 (including Table 6), 3.6.4                 may be used, if available:
                                         (including Table 12), 4.1.4.2, and                                                                            February 22, 2007
                                                                                                    (a) Representation of non-tested
                                         4.2.4.2.                                                combinations according to an                          The Honorable Alexander Karsner,
                                            (iii) For products covered by 10 CFR                 Alternative Rating Method (ARM)                           Assistant Secretary for Energy
                                         Part 431 (commercial products), Sanyo                   approved by DOE; or                                       Efficiency and Renewable Energy,
                                         shall test a ‘‘tested combination’’                        (b) Representation of non-tested                       U.S. Department of Energy, 1000
                                         selected in accordance with the                         combinations at the same energy                           Independence Ave., SW.,
                                         provisions of subparagraph (B) of this                  efficiency level as the tested                            Washington, DC 20585–0121.
                                         paragraph. For every other system                       combination with the same outdoor                     Re: Petition for Waiver of Test
                                         combination using the same outdoor                      unit.                                                   Procedure and Application for Interim
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                                         unit as the tested combination, Sanyo                                                                           Waiver for ECO-I Air Source Heat
                                         shall make representations concerning                   V. Summary and Request for Comments                     Pumps and Heat Recovery Products.
                                         the ECO-i products covered in this                        Through today’s notice, DOE                           Dear Assistant Secretary Karsner,
                                         waiver according to the provisions of                   announces receipt of Sanyo’s Petition                 Sanyo Fisher Company (‘‘SFC’’) is most
                                         subparagraph (C) below.                                 for Waiver from the test procedures                   excited with the opportunity to


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                                         184                                  Federal Register / Vol. 73, No. 1 / Wednesday, January 2, 2008 / Notices

                                         introduce to the United States HVAC                                    340/360. Therefore, SFC respectfully                                          outdoor unit. There are also too many
                                         market one of our most successful                                      submits this Petition for Waiver from                                         possible indoor unit combinations to
                                         products marketed throughout much of                                   Test Procedure and simultaneously an                                          test them all. As a result of these issues,
                                         the world. We refer to this as our ECO-                                Application for Interim Waiver of Test                                        SFC seeks a waiver from test procedures
                                         i product line. ECO-i incorporates                                     Procedure for our ECO-i product line in                                       until such time as a permanent or
                                         Variable Refrigerant Flow (VRF) and                                    accordance with the requirements set                                          interim method of testing and rating
                                         Multi-Split Zoning characteristics with                                forth in 10 CFR 431.401 (1–1–06                                               VRF Multi-Split products is adopted.
                                         a highly advanced integrated control                                   Edition).                                                                       The Department of Energy (DOE) has
                                         system. We utilize variable speed                                                                                                                    previously granted waivers and/or
                                                                                                                Section 1—Background
                                         compressor technology to provide high                                                                                                                interim waivers to other manufacturers
                                         efficiency operation and individual                                      SFC’s ECO-i product contains                                                of equipment that contain the same
                                         zone control for each indoor unit.                                     characteristics that prevent testing of the                                   basic design characteristics as that of
                                            As a result of this product line’s                                  system using the procedures outlined in                                       SFC’s ECO-i product line. Table 1 as
                                         unique design and operating                                            ARI 210/240 as well as ARI 340/360.                                           shown below provides such detail and
                                         characteristics, it is currently not                                   Simply stated, testing laboratories                                           verification related to current and
                                         possible to conduct testing as defined by                              cannot test products with so many                                             previous waiver requests for similar
                                         ARI Standard 210/240 or ARI Standard                                   indoor units connected to a single                                            product.

                                                                                                                           TABLE 1.—WAIVER STATUS
                                                        Manufacturer                                               Petition                                                   Interim                                             Product

                                         Mitsubishi .......................................   Granted 8/2004 .............................              .......................................................       R–22 Air Source Heat Pump.
                                         Mitsubishi .......................................   .......................................................   Granted 3/2006 .............................                  R–410a City Multi Air Source.
                                         Mitsubishi .......................................   Pending .........................................         Pending .........................................             R–410a City Multi Water Source.
                                         Samsung ........................................     .......................................................   Granted Early 2005 ......................                     R–22 DVM Air Source.
                                         Fujitsu General ..............................       .......................................................   Granted Jan 5, 2006 ....................                      AirStage Air Source.



                                         Section 2—Basic Model Identification                                   quarter of 2007. As shown below, Table                                        applicable to this Petition for Waiver
                                                                                                                2 provides a listing of ECO-i outdoor                                         and Application for Interim Waiver is
                                           ECO-i air source multi-split VRF                                     units incorporating inverter driven                                           provided after Table 2 in the section
                                         products are planned for introduction to                               variable speed compressors. A listing of                                      shown as ‘‘ECO-i Indoor Model
                                         the United States market during the first                              ECO-i heat pump indoor units                                                  Identification’’.
                                                                                                    TABLE 2.—ECO–I OUTDOOR MODEL IDENTIFICATION
                                                                                                     Nominal capacity                                                                                                                    Connectable
                                                        Model No.                                                                                                    Type                              Phase               Voltage       indoor units
                                                                                              Cooling                     Heating

                                         CHX03652 ................................                   38,200                     42,700          Heat Pump ................................                        1          208–230                 6
                                         CHX06052 ................................                   52,900                     60,000          Heat Pump ................................                        1          208–230                 9
                                         CHDX09053 ..............................                    95,500                    107,500          Heat Pump ................................                        3          208–230                16
                                         CHDZ09053 ..............................                    95,500                    107,500          Heat Recovery (Simultaneous                                       3          208–230                16
                                                                                                                                                 heating/cooling).
                                         CHDX14053 ..............................                  153,600                     170,600          Heat Pump ................................                        3          208–230                28
                                         CHDZ14053 ..............................                  153,600                     170,600          Heat Recovery (Simultaneous                                       3          208–230                28
                                                                                                                                                 heating/cooling).



                                         ECO-i Indoor Model Identification                                        • FHX**52 Series; Exposed Floor                                               • THX**52 Series; Ceiling
                                           All indoor units are specifically                                    Standing, 7,500/9,600/12,000/19,000/                                          Suspended, 12,000/19,000/25,000 BTU/
                                         designed for use with Sanyo’s ECO-i                                    25,000 BTU/hr nominal capacities.                                             hr nominal capacities.
                                         Variable Refrigerant Flow outdoor units.                                 • FMHX**52 Series; Concealed Floor                                            • UHX**52 Series; Concealed
                                         Indoor units are available in capacities                               Standing, 7,500/9,600/12,000/19,000/                                          Ducted, Low External Static, 7,500/
                                         ranging from 7,500 BTU/hr to 54,600                                    25,000 BTU/hr nominal capacities.                                             9,600/12,000/19,000/25,000/36,000
                                         BTU/hr, with even more capacities to be                                                                                                              BTU/hr nominal capacities.
                                                                                                                  • KHX**52 Series; Wall Mounted,                                               • UMHX**52 Series; Concealed Slim
                                         introduced in the future. All indoor
                                                                                                                7,500/9,600/12,000/19,000/25,000 BTU/                                         Ducted, Low External Static, 7,500/
                                         units operate on a 208–230 volt single
                                                                                                                hr nominal capacities.                                                        9,600/12,000/19,000/25,000 BTU/hr
                                         phase power supply and the proprietary
                                         control system of Sanyo. The specific                                    • LHX**52 Series; Ceiling Mount                                             nominal capacities.
                                         family and capacity range of indoor                                    Slim Design 1 Way Air Discharge,                                                • XHX**52 Series; Ceiling Cassette, 4
                                         units is as follows:                                                   12,000/19,000/25,000 BTU/hr nominal                                           Way Air Discharge, 12,000/19,000/
                                           • AHX**52 Series; Ceiling Cassette, 1                                capacities.                                                                   25,000/36,000 BTU/hr nominal
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                                         Way Air Discharge, 7,500/9,600/12,000                                    • SHX**52 Series; Ceiling Cassette, 2                                       capacities.
                                         BTU/hr nominal capacities.                                             Way Air Discharge, 7,500/9,600/12,000/                                          • XMHX**52 Series; Mini Ceiling
                                           • DHX**52 Series; Concealed Ducted,                                                                                                                Cassette, 4 Way Air Discharge, 7,500/
                                                                                                                19,000/25,000/36,000/47,800 BTU/hr
                                         Medium External Static, 36,000/47,800                                                                                                                9,600/12,000/19,000/25,000 BTU/hr
                                                                                                                nominal capacities.
                                         BTU/hr nominal capacities.                                                                                                                           nominal capacities.


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                                                                      Federal Register / Vol. 73, No. 1 / Wednesday, January 2, 2008 / Notices                                                   185

                                         Section 3—Design Characteristics                        than being wasted to the outdoor                      marketed, similar VRF products within
                                         Constituting the Grounds for Petition                   environment.                                          the United States.
                                                                                                   Multi-split VRF technology will help                  • Daikin U.S. Corporation
                                            ECO-i VRF products enable the                        our nation to reduce the amount of                      • Fujitsu General America
                                         connection of multiple indoor units to                  energy needed to heat and cool our                      • LG Electronics U.S.A., Inc.
                                         a single outdoor unit. The outdoor unit                 buildings. Sanyo is pleased to introduce                • Mitsubishi Electric & Electronics
                                         is capable of part load operation by                    this technology to not only improve the               USA, Inc.
                                         varying refrigerant flow through the use                control that the end user has over their                • Samsung Electronics Company, Ltd.
                                         of inverter driven variable speed                       environment but also to help with our
                                         compressor technology. This results in                                                                        Section 6—Alternate Testing
                                                                                                 nation’s desire to reduce overall energy              Procedures
                                         the outdoor units operating capacity                    usage.
                                         closely matching the actual indoor load.                                                                         There is no alternative testing and
                                         The ECO-i product line is designed to                   Section 4—Specific Requirements                       rating procedures for VRF multi-split
                                         optimize overall system performance                     Sought to be Waived                                   products that SFC is aware of which
                                         and efficiency when operating at part                      Sanyo Petitions Waiver from the Test               could adequately represent the
                                         load which significantly decreases                      Procedures for all ECO-i Series outdoor               performance or efficiency of this
                                         energy usage.                                           units along with their matching indoor                product. Our company is an active
                                            Each indoor unit of the ECO-i system                 units. Due to the wide capacity ratings               member of the ARI Ductless Section
                                         may have an individual remote                           available for the ECO-i outdoor units, a              Engineering Committee. This committee
                                         controller that allows the occupant to                  waiver is sought from the testing                     is developing a proposed testing and
                                         adjust their temperature independently                  procedures outlined in ARI 210/240 and                rating standard for VRF multi-split
                                         of the set temperature of other indoor                  ARI 340/360 as identified below:                      products (ARI Standard 1230) with a
                                         units connected to the same outdoor                        • For Sanyo outdoor units with                     goal to eliminate the need for existing
                                         unit. Some of the indoor units may be                   model numbers of CHX03652 and                         and future waivers for such product.
                                         set to the ‘‘off’’ mode which increases                 CHX06052 (and all listed indoor units)
                                                                                                                                                       Section 7—Need for Waiver from Test
                                         energy savings even further when                        we seek Waiver from Test Procedures as
                                                                                                                                                       Procedure
                                         heating or cooling is not required.                     outlined in ARI Standard 210/240–2006
                                            The variable speed compressor is                     (Performance Rating of Unitary Air                      In previous waiver petitions DOE
                                         capable of reducing its capacity to                     Conditioning and Air Source Heat Pump                 noted that VRF multi-split systems
                                         approximately 7,000 BTU/hr. When this                   Equipment). This rating and testing                   incorporate design characteristics that
                                         variable speed compressor is coupled                    standard applies to unitary air                       virtually eliminate the possibility of
                                         with another high performance single                    conditioners and unitary air source heat              broad testing of this type of technology.
                                         speed compressor(s) of similar size in                  pumps rated with capacities below                     An example of this is provided in
                                         the same outdoor unit a truly                           65,000 BTU/hr.                                        Federal Register/Vol. 69, No. 166/
                                         remarkable minimum capacity of as                          • For Sanyo outdoor units with                     Friday, August 27, 2004/Notices, page
                                         little as 7% of the rated system capacity               model numbers of CHDX09053,                           52662 which contain the following
                                         could be achieved resulting in                          CHDZ09053, CHDX14053 and                              statements:
                                         significant energy savings when only a                  CHDZ14053 we seek Waiver from Test                      ‘‘However, the two testing problems
                                         small amount of heating or cooling is                   Procedures as outlined in ARI Standard                discussed above, (test laboratories cannot test
                                         required.                                               340/360–2004 (Performance Rating of                   products with so many indoor units, and
                                                                                                 Commercial and Industrial Unitary Air                 there are too many possible combinations of
                                            Multi-split VRF technology that is                                                                         indoor and outdoor units to test), do prevent
                                                                                                 Conditioning and Heat Pump
                                         incorporated in the ECO-i system allows                                                                       testing of the basic model according to the
                                                                                                 Equipment). This rating and testing
                                         up to 130% of indoor unit capacity to                                                                         prescribed test procedures.’’
                                                                                                 standard applies to unitary air
                                         the rated capacity of the outdoor unit.                                                                         ‘‘The Department also consulted with the
                                                                                                 conditioners and heat pumps with
                                         VRF technology allows this mis-match                                                                          National Institute of Standards & Technology
                                                                                                 capacities ranging from 65,000 to                     (NIST), who agreed that many VFRZ systems
                                         of indoor to outdoor capacity to save
                                                                                                 250,000 BTU/hr.                                       could not be tested in the laboratory.’’
                                         energy while still meeting the HVAC                        Regardless of the capacity of ECO-i
                                         requirements of the building.                           products the basic performance,                          SFC’s ECO-i product offering is a
                                            ECO-i series ‘‘CHDZ’’ outdoor units go               application and utility of the equipment              multi-split system incorporating such a
                                         one step further by allowing the                        remain virtually identical in that they               diverse amount and configuration of
                                         consumer to operate both heating and                    all utilize VRF multi-split technology.               possible indoor units that are able to be
                                         cooling simultaneously. In the                          All ECO-i products utilize the same                   connected to a single outdoor unit that
                                         simultaneous mode, heat is actually                     indoor units, the same piping and                     it is virtually impossible to test the
                                         being removed from the ‘‘cooling zones’’                wiring configurations and the same                    performance of this system.
                                         and deposited in the ‘‘heating zones’’                  control systems regardless of capacity.               Compounding the difficulty of testing is
                                         via the system’s heat recovery ability.                 The above referenced testing and rating               the fact that the indoor units are
                                         Although there is no approved or                        standards do not address the details                  designed to operate at so many different
                                         existing DOE, ARI or ASHRAE method                      required to select or configure multi-                external static pressure values. A testing
                                         to recognize the systems performance                    split systems in a testing facility.                  facility could not manage proper airflow
                                         during simultaneous operation, it is                       SFC takes this opportunity to also                 at several different external state
                                         certainly reasonable to believe that                    request an Interim Waiver from Test                   pressure values to the many indoor
                                         system efficiency is increased. This                    Procedure for all referenced products.                units that would be connected to an
                                         increase in efficiency occurs because                                                                         ECO-i outdoor unit.
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                                         some indoor units within the building                   Section 5—Identity of Manufacturers of                   The challenges associated with
                                         are acting as condensers while other                    Similar Basic Models                                  current test procedures (of ARI 210/240
                                         indoor units are acting as evaporators at                 To the best of our knowledge the                    and ARI 340/360) are being addressed
                                         the same time. This means that heat is                  following manufacturers either                        by the ARI Ductless Section Engineering
                                         transferred within the building rather                  currently market or previously                        Committee in hopes of overcoming such


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                                         186                          Federal Register / Vol. 73, No. 1 / Wednesday, January 2, 2008 / Notices

                                         difficulties while still providing a                      Æ Petition for Waiver to Mitsubishi                 ACTION:   Notice; extension of comment
                                         means to compare the performance of                     for their R–22 City Multi air source                  period.
                                         the various VRF manufacturers.                          product in 2004.
                                                                                                   • The approval of this waiver and                   SUMMARY: EPA issued a notice in the
                                         Section 8—Application for Interim                                                                             Federal Register of November 16, 2007
                                                                                                 interim waiver is in the best interest of
                                         Waiver                                                                                                        concerning the availability of EPA’s
                                                                                                 our public/and government initiatives to
                                            In accordance with 10 CFR 431.401                    reduce national energy usage.                         updated human health and ecological
                                         (a)(2) SFC takes this opportunity to also                 It is therefore reasonable for one to               effects risk assessments for the
                                         submit an Application for Interim                       believe that SFC’s petition will also be              organochlorine pesticide endosulfan,
                                         Waiver of test procedures for our ECO-                  granted.                                              based in part on data recently submitted
                                         i models listed in Section 2 of this                                                                          by endosulfan registrants as required in
                                                                                                 Section 9—Conclusion                                  the 2002 Reregistration Eligibility
                                         document and there matching indoor
                                         units. SFC believes that it is likely that                It is clear that without the approval of            Decision (RED). The Agency is seeking
                                         our Petition for Waiver will be granted                 this Petition for Waiver and Application              comment on these updated assessments,
                                         based upon, but not limited to, the                     for Interim Waiver that SFC will result               as well as EPA’s analysis of endosulfan
                                         following:                                              in our inability to compete in the United             usage information since the 2002 RED
                                            • The approvals of similar waiver                    States VRF market, a market in which                  and its preliminary determinations
                                         requests as identified in Table 1 of                    our company has proven success in                     regarding endosulfan’s importance to
                                         Section 1 of this document.                             many other countries throughout the                   growers and availability of alternatives.
                                            • Failure to approve our Petition for                world. We are pleased to have an                      This document is extending the
                                         Waiver and Application for Interim                      opportunity to bring this leading edge                comment period from January 16, 2008,
                                         Waiver will result in significant                       technology to the United States market,               to February 19, 2008.
                                         economic hardship due to the following:                 to not only improve the comfort of                    DATES: Comments, identified by docket
                                            Æ It is our intention to introduce our               Americans, but also to reduce the                     identification (ID) number EPA–HQ–
                                         ECO-i product in the Spring of 2007. A                  amount of energy consumed on building                 OPP–2002–0262 must be received on or
                                         great deal of company emphasis has                      cooling and heating.                                  before February 19, 2008.
                                         been, and will be, placed on the                          SFC respectfully requests the                       ADDRESSES: Follow the detailed
                                         introduction of this product, including                 Department of Energy to grant our                     instructions as provided under
                                         show exhibitions (such as AHR, ACCA,                    Application for Interim Waiver and our                ADDRESSES in the Federal Register
                                         etc.), marketing/advertising campaign,                  Petition for Waiver from Test Procedure               document of November 16, 2007.
                                         customer training and other                             to enable our introduction of our
                                                                                                                                                       FOR FURTHER INFORMATION CONTACT:
                                         expenditures of both financial and                      advanced ECO-i products to the U.S.
                                                                                                 market. Granting these requested                      Tracy L. Perry, Special Review and
                                         human resources. Delaying our entry                                                                           Reregistration Division (7508P), Office
                                         into the U.S. market with the ECO-i                     waivers will permit us to effectively
                                                                                                 compete in the marketplace.                           of Pesticide Programs, Environmental
                                         product will impede our ability to                                                                            Protection Agency, 1200 Pennsylvania
                                         compete in this growing market.                           Due to our near term introduction of
                                                                                                 our ECO-i product offering we would                   Ave., NW., Washington, DC 20460–
                                            Æ A significant portion of our                                                                             0001; telephone number: (703) 308–
                                         projected sales revenues are dependent                  greatly appreciate a timely response to
                                                                                                 this Petition for Waiver from Test                    0128; e-mail address:
                                         upon the timely introduction of this                                                                          perry.tracy@epa.gov.
                                         product.                                                Procedure and Application for Interim
                                                                                                 Waiver.                                               SUPPLEMENTARY INFORMATION:
                                            • DOE’s statement:
                                                                                                   Should you or any parties have
                                            ‘‘* * * an interim waiver will be granted                                                                  I. General Information
                                                                                                 questions related to this Petition for
                                         if it is determined that the applicant will             Waiver from Test Procedure and                        A. Does this Action Apply to Me?
                                         experience economic hardship if the
                                                                                                 Application for Interim Waiver, please                   The Agency included in the notice a
                                         Application for Interim Waiver is denied, if
                                         it appears likely that the Petition for Waiver          contact Gary Nettinger at 678–384–3115                list of those who may be potentially
                                         will be granted, and/or the Assistance                  or Davis Watkins at 678–384–3112.                     affected by this action. If you have
                                         Secretary determines that it would be                     Sincerely,                                          questions regarding the applicability of
                                         desirable for public policy reasons to grant            Davis Watkins, Vice President; Applied                this action to a particular entity, consult
                                         immediate relief pending a determination for
                                                                                                   Products Group, Sanyo Fisher                        the person listed under FOR FURTHER
                                         the Petition for Waiver’’ (Case CAC–009), 70
                                         Fed Reg 9629, at 9630 (Feb 28, 2005 Samsung               Company, 1690 Roberts Blvd., NW.,                   INFORMATION CONTACT.
                                         Interim Waiver). See 10 CFR                               Suite 110, Kennesaw, GA 30144.
                                                                                                                                                       B. What Should I Consider as I Prepare
                                         431.201(e)(3)(2005).                                    [FR Doc. E7–25453 Filed 12–31–07; 8:45 am]            My Comments for EPA?
                                           • SFC’s ECO-i product line is quite                   BILLING CODE 6450–01–P
                                                                                                                                                         When preparing comments follow the
                                         similar to that of Fujitsu’s VRF system,                                                                      procedures and suggestions given in
                                         Mitsubishi’s City Multi system and                                                                            Unit I.B. of the SUPPLEMENTARY
                                         Samsung’s DVM system. Realizing these                   ENVIRONMENTAL PROTECTION
                                                                                                 AGENCY                                                INFORMATION of the November 16, 2007
                                         similarities, DOE granted an:                                                                                 Federal Register document.
                                           Æ Interim waiver to Fujitsu in January
                                         2006 for their AirStage Air Source                      [EPA–HQ–OPP–2002–0262; FRL–8347–2]                    C. How and to Whom Do I Submit
                                         product.                                                                                                      Comments?
                                                                                                 Endosulfan Updated Risk
                                           Æ Interim waiver to Samsung Air                                                                               To submit comments, or access the
pwalker on PROD1PC71 with NOTICES




                                                                                                 Assessments; Notice of Availability,
                                         Conditioning in 2005 for their DVM                                                                            public docket, please follow the detailed
                                                                                                 and Solicitation of Usage Information;
                                         System.                                                                                                       instructions as provided in Unit I.B. of
                                                                                                 Extension of Comment Period
                                           Æ Interim waiver to Mitsubishi for                                                                          the SUPPLEMENTARY INFORMATION of the
                                         their R–410a City Multi air source                      AGENCY: Environmental Protection                      November 16, 2007 Federal Register
                                         product in March 2006.                                  Agency (EPA).                                         document. If you have questions,


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