Energy Conservation Program for Consumer Products: Petition for Waiver of Sanyo Electric Co., Ltd., From the Department of Energy Central Air Conditioner and Central Air Conditioning Heat Pump Test Procedure. (Case No. CAC-009)

The Energy Conservation Program for Consumer Products (other than automobiles) was established pursuant to the Energy Policy and Conservation Act, as amended, which requires DOE to prescribe standardized test procedures to measure the energy consumption of certain consumer products, including heat pumps. The intent of the test procedures is to provide a comparable measure of energy consumption that will assist consumers in making purchasing decisions, and will determine whether a product complies with the applicable energy conservation standard. The test procedures appear at 10 CFR Part 430, Subpart B, Appendix M. The Department amended the prescribed test procedures by adding 10 CFR 430.27 on September 26, 1980, creating the waiver process. 45 FR 64108. Subsequently, DOE further amended the waiver process to allow the Assistant Secretary for Energy Efficiency and Renewable Energy (Assistant Secretary) to grant an Interim Waiver from test procedure requirements to manufacturers that have petitioned DOE for a waiver of such prescribed test procedures. 10 CFR Part 430, Sec. 430.27(a)(2). The waiver process allows the Assistant Secretary to waive temporarily test procedures for a particular basic model when a petitioner shows that the basic model contains one or more design characteristics which prevent testing according to the prescribed test procedures, or when the prescribed test procedures may evaluate the basic model in a manner so unrepresentative of its true energy consumption as to provide materially inaccurate comparative data. Waivers generally remain in effect until final test procedure amendments become effective, resolving the problem that is the subject of the waiver. On March 3, 1998, Sanyo filed a Petition for Waiver and an Application for Interim Waiver regarding the heat pump tests. On July 21, 1998, Sanyo withdrew its request for an interim waiver. Sanyo's application seeks a Waiver from the DOE test of heating mode operation for its burner-assisted heat pumps because the current DOE test procedure does not address burner-assisted heat pumps. The Department has granted a waiver to Kool-Fire (Division of Friedrich Corporation) for a burner assisted heat pump product similar to Sanyo's. Pursuant to paragraph (b) of 10 CFR Part 430.27, DOE is hereby publishing the ``Petition for Waiver'' in its entirety. The Petition contains no confidential information. The Department solicits comments, data, and information respecting the Petition.

Issued in Washington, DC, on November 23, 1998. Dan W. Reicher, Assistant Secretary, Energy Efficiency and Renewable Energy.

Sanyo Electric Co., Ltd.

March 3, 1998 ATTN: Ms. Christine Ervin, Assistant Secretary for Energy Efficiency and Renewable Energy, U.S. Department of Energy, Mail Station EE-1, Forrestal Building, 1000 Independence Avenue, SW, Washington, DC 20585 CC: Mr. T. Hada (Gas Appliances), Mr. W. C. Ryan (Ryan Co., Inc.) RE: Petition for Waiver and Application for Interim Waiver for Sanyo Gas Source Heat Pump

Dear Ms. Ervin: Sanyo described a gas source heat pump product to your Mr. Mike Raymond and Mr. Ed. Pollock during a meeting on June 24, 1997. The recommendation from this meeting was for Sanyo to submit an application for Interim Waiver and Petition for Waiver from the Department of Energy central air conditioning heat pump test procedure for Sanyo's gas source heat pump. Sanyo's business plan is to provide our unique cooling and heating design for the United States domestic market. Our business will suffer economic hardship without a waiver from Department of Energy heating operation test procedures and efficiency standard for this product line. Sanyo's ductless split type air conditioner-gas source heat pump product operates as a conventional air conditioner for cooling. Cooling efficiency is to be evaluated under DOE test procedures for the seasonal energy efficiency ratio (SEER) product rating. The cooling mode test procedure is specified in 10 CFR Part 430, Subpart B, Appendix M, Section 2.1. For heating operation this product employs a fuel gas burner to apply heat to the interior wall of a second heat exchanger located in the outdoor section. The exterior wall of this heat exchanger is in close contact with tubing containing a refrigerant. Refrigerant is heated through intimate contact with the exterior wall of this heat exchanger and circulated by the refrigerant compressor from the outdoor tubing to the indoor tubing of the evaporator coil. The indoor fan motor and blower system extracts heat from the circulated refrigerant into the conditioned space. During heating operation the outdoor fan motor and air conditioning heat transfer tubing are isolated from the active circuit by valves and electrical controls. Accordingly, a DOE test procedure for heating mode of such a gas source heat pump is not developed. Sanyo has no knowledge of an industry standard or test method for evaluating heating efficiency of this type of product. Requirements in 10 CFR Part 430, Subpart B, Appendix M, Section 2.3 do not apply for gas source heat pump units. In order for this product to comply with the requirements of the Energy Policy and Conservation Act (Pub. L. 94-163) and amendments, Sanyo's business needs require that DOE favorably consider our application for an interim waiver and petition for waiver from the heating efficiency requirements for our combination ductless split air conditioner and gas-source heat pump product line. Your review and consideration is appreciated. If more information is needed, we will be pleased to provide what you need. Truly yours, S. Ukai, Engineer. K. Mori, Manager, International Operation, Air Conditioning Division, Environmental Systems, Business Head Quarter, Sanyo Electric Co., Ltd. Mike Raymond, U.S. Department of Energy

Sanyo's letter dated March 3, 1998 was a request for a waiver and interim waiver of DOE heating test procedures for their gas source heat pump products. Sanyo requests you disregard their request for an interim waiver and proceed to extend the final waiver in response to their letter request. This modification is due to Sanyo's product introduction schedule having sufficient time to allow for completion of the final ruling. If you have questions or need more information please contact me. Sincerely, W. C. Ryan, Ryan Company, Inc. [FR Doc. 98-32008 Filed 11-30-98; 8:45 am] BILLING CODE 6450-01-P