Notices. Notice of petition for waiver, granting of application for interim waiver, and solicitation of comments

11,713 words·~53 min read·/register/2005/02/28/05-3782·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 4000-01-M DEPARTMENT OF EDUCATION Notice of Proposed Information Collection Requests AGENCY: Department of Education. SUMMARY: The Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of the Chief Information Officer, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before April 29, 2005. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget

(OMB)provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency's ability to perform its statutory obligations. The Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of the Chief Information Officer, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following:

(1)Type of review requested, *e.g.* new, revision, extension, existing or reinstatement;

(2)Title;

(3)Summary of the collection;

(4)Description of the need for, and proposed use of, the information;

(5)Respondents and frequency of collection; and

(6)Reporting and/or Recordkeeping burden. OMB invites public comment. The Department of Education is especially interested in public comment addressing the following issues:

(1)Is this collection necessary to the proper functions of the Department;

(2)will this information be processed and used in a timely manner;

(3)is the estimate of burden accurate;

(4)how might the Department enhance the quality, utility, and clarity of the information to be collected; and

(5)how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Dated: February 23, 2005. Angela C. Arrington, Leader, Information Management Case Services Team Regulatory Information Management Services, Office of the Chief Information Officer. Office of Postsecondary Education *Type of Review:* New. *Title:* Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP) Financial Status and Program Performance Closeout Report/Final Report. *Frequency:* End of 6-year performance period. *Affected Public:* Not-for-profit institutions; State, Local, or Tribal Government, SEAs or LEAs. *Reporting and Recordkeeping Hour Burden:* *Responses:* 175. *Burden Hours:* 6,125. *Abstract:* The Closeout Report will be used by the Department of Education to determine whether recipients of GEAR UP have made substantial progress towards meeting the objectives of their respective projects, as outlined in their grant applications and/or subsequent work plans. In addition, the final report will enable the Department to evaluate each grant project's fiscal operations for the entire grant performance period, and compare total expenditures relative to federal funds awarded, and actual cost-share/matching relative to the total amount in the approved grant application. This report is a means for grantees to share the overall experience of their projects and document achievements and concerns, and describe effects of their projects on participants being served; project barriers and major accomplishments; and evidence of sustainability. The report will be GEAR UP's primary method to collect/analyze data on students' high school graduation and immediate college enrollment rates. Requests for copies of the proposed information collection request may be accessed from *http://edicsweb.ed.gov* , by selecting the “Browse Pending Collections” link and by clicking on link number 2687. When you access the information collection, click on “Download Attachments” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., Potomac Center, 9th Floor, Washington, DC 20202-4700. Requests may also be electronically mailed to the Internet address *OCIO_RIMG@ed.gov* or faxed to 202-245-6621. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be directed to Joseph Schubart at his e-mail address *Joe.Schubart@ed.gov* . Individuals who use a telecommunications device for the deaf

(TDD)may call the Federal Information Relay Service

(FIRS)at 1-800-877-8339. [FR Doc. E5-790 Filed 2-25-05; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Office of Elementary and Secondary Education; Overview Information: Native Hawaiian Education Program Notice inviting applications for new awards for fiscal year

(FY)2005. Catalog of Federal Domestic Assistance

(CFDA)Number: 84.362A. Dates: *Applications Available:* February 28, 2005. *Deadline for Transmittal of Applications:* April 14, 2005. *Eligible Applicants:* Native Hawaiian educational organizations; Native Hawaiian community-based organizations; public and private nonprofit organizations, agencies, and institutions with experience in developing or operating Native Hawaiian programs or programs of instruction in the Native Hawaiian language, and consortia of the previously mentioned organizations, agencies, and institutions. *Estimated Available Funds:* $12,733,000. Contingent upon the availability of funds and quality of applications, the Secretary may make additional awards for FY 2006 from the list of unfunded applicants from this competition. *Estimated Range of Awards:* $375,000 to $1,100,000. *Estimated Average Size of Awards:* $500,000 (The size of the awards will be commensurate with the nature and scope of the work proposed). *Estimated Number of Awards:* 20 to 30. *Note:* The Department is not bound by any estimates in this notice. *Project Period:* Up to 36 months. Full Text of Announcement I. Funding Opportunity Description *Purpose of Program:* The purpose of the Native Hawaiian Education program is to support innovative projects that enhance the educational services provided to Native Hawaiian children and adults. These projects may include those activities authorized under section 7205(a)(3) of the Elementary and Secondary Education Act of 1965, as amended (ESEA). *Priorities:* In accordance with 34 CFR 75.105(b)(2)(iv) and (b)(2)(v), the following competitive preference priority is from section 7205(a)(2) of the ESEA, and the invitational priority is from allowable activities specified in section 7205(a)(3) of the ESEA. *Competitive Preference Priority:* For FY 2005 this priority is a competitive preference priority. Under 34 CFR 75.105(c)(2)(i) we award a maximum of 5 points (total) to an application, depending on the extent to which the application meets this priority. The Secretary will give a competitive preference to applicants proposing projects that are designed to address one or more of the following:

(a)Beginning reading and literacy among students in kindergarten through third grade;

(b)The needs of at-risk children and youth;

(c)The needs in fields or disciplines in which Native Hawaiians are underemployed; and

(d)The use of the Hawaiian language in instruction. Within this competitive preference priority, we are particularly interested in applications that address the following invitational priority. *Invitational Priority:* For FY 2005 this priority is an invitational priority. Under 34 CFR 75.105(c)(1) we do not give an application that meets this invitational priority a competitive or absolute preference over other applications. *This priority is:* Early Childhood Activities, Special Education, and Higher Education. To meet this priority, an applicant must propose a project that will use grant funds for one or more of the following: 1. The development and maintenance of a statewide Native Hawaiian early education and care system to provide a continuum of services for Native Hawaiian children; 2. Activities that meet the special needs of Native Hawaiian students with disabilities; and 3. Activities to enable Native Hawaiians to enter and complete programs of postsecondary education. *Program Authority:* 20 U.S.C. 7515-7517; Consolidated Appropriations Act, 2005 (Pub. L. 108-447). *Applicable Regulations:* The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 80, 81, 82, 84, 85, 86, 97, 98, and 99. Note: The regulations in 34 CFR part 86 apply to institutions of higher education only. II. Award Information *Type of Award:* Discretionary grant. *Estimated Available Funds:* $12,733,000. Contingent upon the availability of funds and quality of applications, the Secretary may make additional awards for FY 2006 from the list of unfunded applicants from this competition. *Estimated Range of Awards:* $375,000 to $1,100,000. *Estimated Average Size of Awards:* $500,000 (The size of the awards will be commensurate with the nature and scope of the work proposed). *Estimated Number of Awards:* 20 to 30. Note: The Department is not bound by any estimates in this notice. *Project Period:* Up to 36 months. III. Eligibility Information 1. *Eligible Applicants:* Native Hawaiian educational organizations; Native Hawaiian community-based organizations; public and private nonprofit organizations, agencies, and institutions with experience in developing or operating Native Hawaiian programs or programs of instruction in the Native Hawaiian language; and consortia of the previously mentioned organizations, agencies, and institutions. 2. *Cost Sharing or Matching:* This competition does not involve cost sharing or matching requirements, but the program does have a supplement-not-supplant funding requirement. Funds made available under this program may be used only to supplement and expand programs and authorities in the area of education to further the purposes of the Native Hawaiian Education program (section 7203(3) of the ESEA). IV. Application and Submission Information 1. *Address to Request Application Package:* To obtain a copy of the application package via the Internet use the following address: *http://www.ed.gov/programs/nathawaiian/applicant.html.* Individuals may also obtain a copy of the application package by contacting the program contact person listed in this section. Address and mail your request for information to: Beth Fine, U.S. Department of Education, 400 Maryland Ave., SW., room 3W223, Washington, DC 20202-6200. Telephone:

(202)260-1091 or by e-mail: *beth.fine@ed.gov* or Francisco Ramirez, U.S. Department of Education, 400 Maryland Ave., SW., room 3W225, Washington, DC 20202-6200. Telephone:

(202)260-1541 or by e-mail: *francisco.ramirez@ed.gov.* If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service

(FRS)at 1-800-877-8339. Individuals with disabilities may obtain a copy of the application package in an alternative format ( *e.g.* , Braille, large print, audiotape, or computer diskette) by contacting the program contact person listed in this section. 2. *Content and Form of Application Submission:* Requirements concerning the content of an application, together with the forms you must submit, are in the application package for this competition. *Page Limit:* The application narrative is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. Applicants are strongly encouraged to limit the application narrative (text plus all figures, charts, tables, and diagrams) to the equivalent of no more than 30 pages, using the following standards: • A “page” is 8.5″ x 11″, on one side only, with 1″ margins at the top, bottom, and both sides. • Double space (no more than three lines per vertical inch) all text in the application narrative, including titles, headings, footnotes, quotations, references, and captions, as well as all text in charts, tables, figures, and graphs. • Use a font that is either 12 point or larger or no smaller than 10 pitch (characters per inch). • Begin numbering at the right bottom of the first page in Arabic numerals (“1”) and number the pages consecutively throughout the document. • Include all critical information in the program narrative, eliminating the need for appendices. The recommended page limit does not apply to the cover sheet; the budget section, including the budget narrative justification; the assurances and certifications; or the project abstract and the resumes. 3. *Submission Dates and Times:* *Applications Available:* February 28, 2005. *Deadline for Transmittal of Applications:* April 14, 2005. Applications for grants under this competition must be submitted electronically using the Electronic Grant Application System (e-Application) available through the Department's e-Grants system. For information (including dates and times) about how to submit your application electronically or by mail or hand delivery if you qualify for an exception to the electronic submission requirement, please refer to section IV. 6. Other Submission Requirements in this notice. We do not consider an application that does not comply with the deadline requirements. 4. *Intergovernmental Review:* This competition is not subject to Executive Order 12372 and the regulations in 34 CFR part 79. 5. *Funding Restrictions:* Under section 7205(b) of the ESEA, not more than five percent of funds provided to a grantee under this competition for any fiscal year may be used for administrative purposes. We reference regulations outlining funding restrictions in the Applicable Regulations section of this notice. 6. *Other Submission Requirements:* Applications for grants under this competition must be submitted electronically, unless you qualify for an exception to this requirement in accordance with the instructions in this section. We will reject your application if you submit it in paper format unless, as described elsewhere in this section, you qualify for one of the exceptions to the electronic submission requirement and submit, no later than two weeks before the application deadline date, a written statement to the Department that you qualify for one of these exceptions. Further information regarding calculation of the date that is two weeks before the application deadline date is provided later in this section under Exception to Electronic Submission Requirement. a. *Electronic Submission of Applications.* Applications for grants under the Native Hawaiian Education Program—CFDA Number 84.362A must be submitted electronically using e-Application available through the Department's e-Grants system, accessible through the e-Grants portal page at: *http://e-grants.ed.gov.* While completing your electronic application, you will be entering data online that will be saved into a database. You may not e-mail an electronic copy of a grant application to us. Please note the following: • You must complete the electronic submission of your grant application by 4:30 p.m., Washington, DC time, on the application deadline date. The e-Application system will not accept an application for this competition after 4:30 p.m., Washington, DC time, on the application deadline date. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the application process. • The regular hours of operation of the e-Grants Web site are 6 a.m. Monday until 7 p.m. Wednesdays; and 6 a.m. Thursday until midnight Saturday, Washington, DC time. Please note that the system is unavailable on Sundays, and between 7 p.m. on Wednesdays and 6 a.m. on Thursdays, Washington, DC time, for maintenance. Any modifications to these hours are posted on the e-Grants Web site. • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you qualify for an exception to the electronic submission requirement, as described elsewhere in this section, and submit your application in paper format. • You must submit all documents electronically, including the Application for Federal Education Assistance (ED 424), Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications. • Any narrative sections of your application should be attached as files in a .DOC (document), .RTF (rich text), or .PDF (Portable Document) format. • Your electronic application should comply with any page limit requirements described in this notice. • Prior to submitting your electronic application, you may wish to print a copy of it for your records. • After you electronically submit your application, you will receive an automatic acknowledgement that will include a PR/Award number (an identifying number unique to your application). • Within three working days after submitting your electronic application, fax a signed copy of the ED 424 after following these steps:

(1)Print ED 424 from e-Application.

(2)The applicant's Authorizing Representative must sign this form.

(3)Place the PR/Award number in the upper right hand corner of the hard-copy signature page of the ED 424.

(4)Fax the signed ED 424 to the attention of the Native Hawaiian Education Program at

(202)742-5418. • We may request that you provide us original signatures on other forms at a later date. Application Deadline Date Extension in Case of e-Application System Unavailability: If you are prevented from electronically submitting your application on the application deadline date because the e-Application system is unavailable, we will grant you an extension of one business day in order to transmit your application electronically, by mail, or by hand delivery. We will grant this extension if—

(1)You are a registered user of e-Application and you have initiated an electronic application for this competition; and

(a)The e-Application system is unavailable for 60 minutes or more between the hours of 8:30 a.m. and 3:30 p.m., Washington, DC time, on the application deadline date; or

(b)The e-Application system is unavailable for any period of time between 3:30 p.m. and 4:30 p.m., Washington, DC time, on the application deadline date. We must acknowledge and confirm these periods of unavailability before granting you an extension. To request this extension or to confirm our acknowledgement of any system unavailability, you may contact either

(1)one of the persons listed elsewhere in this notice under FOR FURTHER INFORMATION CONTACT (see VII. Agency Contacts) or

(2)the e-Grants help desk at 1-888-336-8930. If the system is down and therefore the application deadline is extended, an e-mail will be sent to all registered users who have initiated an e-Application. Extensions referred to in this section apply only to the unavailability of the Department's e-Application system. *Exception to Electronic Submission Requirement:* You qualify for an exception to the electronic submission requirement, and may submit your application in paper format, if you are unable to submit an application through the e-Application system because— * You do not have access to the Internet; or * You do not have the capacity to upload large documents to the Department's e-Application system; and * No later than two weeks before the application deadline date (14 calendar days or, if the fourteenth calendar day before the application deadline date falls on a Federal holiday, the next business day following the Federal holiday), you mail or fax a written statement to the Department, explaining which of the two grounds for an exception prevent you from using the Internet to submit your application. If you mail your written statement to the Department, it must be postmarked no later than two weeks before the application deadline date. If you fax your written statement to the Department, we must receive the faxed statement no later than two weeks before the application deadline date. Address and mail or fax your statement to: Beth Fine, U.S. Department of Education, 400 Maryland Avenue, SW., room 3W223, Washington, DC 20202-6200 or Francisco Ramirez, U.S. Department of Education, 400 Maryland Avenue, SW., room 3W225, Washington, DC 20202-6200. FAX:

(202)260-8969. Your paper application must be submitted in accordance with the mail or hand delivery instructions described in this notice. b. *Submission of Paper Applications by Mail.* If you qualify for an exception to the electronic submission requirement, you may mail (through the U.S. Postal Service or a commercial carrier) your application to the Department. You must mail the original and two copies of your application, on or before the application deadline date, to the Department at the applicable following address: By mail through the U.S. Postal Service: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.362A), 400 Maryland Avenue, SW., Washington, DC 20202-4260. or By mail through a commercial carrier: U.S. Department of Education, Application Control Center—Stop 4260, Attention: (CFDA Number 84.362A), 7100 Old Landover Road, Landover, MD 20785-1506. Regardless of which address you use, you must show proof of mailing consisting of one of the following:

(1)A legibly dated U.S. Postal Service postmark,

(2)A legible mail receipt with the date of mailing stamped by the U.S. Postal Service,

(3)A dated shipping label, invoice, or receipt from a commercial carrier, or

(4)Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education. If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:

(1)A private metered postmark, or

(2)A mail receipt that is not dated by the U.S. Postal Service. If your application is postmarked after the application deadline date, we will not consider your application. Note: The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office. c. *Submission of Paper Applications by Hand Delivery.* If you qualify for an exception to the electronic submission requirement, you (or a courier service) may deliver your paper application to the Department by hand. You must deliver the original and two copies of your application, by hand, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.362A), 550 12th Street, SW., Room 7041, Potomac Center Plaza, Washington, DC 20202-4260. The Application Control Center accepts hand deliveries daily between 8 a.m. and 4:30 p.m., Washington, DC time, except Saturdays, Sundays, and Federal holidays. *Note for Mail or Hand Delivery of Paper Applications:* If you mail or hand deliver your application to the Department:

(1)You must indicate on the envelope and—if not provided by the Department—in Item 4 of the ED 424 the CFDA number—and suffix letter, if any—of the competition under which you are submitting your application.

(2)The Application Control Center will mail a grant application receipt acknowledgment to you. If you do not receive the grant application receipt acknowledgment within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at

(202)245-6288. V. Application Review Information 1. *Selection Criteria:* The selection criteria for this competition are from 34 CFR 75.210 of EDGAR and are listed in the application package. The maximum possible score for this competition is 105 points (100 points under the selection criteria and 5 points under the competitive preference). The maximum possible points for each criterion are as follows: a. Significance (20 points). b. Quality of Project Design (35 points). c. Quality of Project Personnel (10 points). d. Quality of Management Plan (15 points). e. Quality of Project Evaluation (20 points). VI. Award Administration Information 1. *Award Notices:* If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notification (GAN). We may also notify you informally. If your application is not evaluated or not selected for funding, we notify you. 2. *Administrative and National Policy Requirements:* We identify administrative and national policy requirements in the application package and reference these and other requirements in the Applicable Regulations section of this notice. We reference the regulations outlining the terms and conditions of an award in the Applicable Regulations section of this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant. 3. *Reporting:* At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information as specified by the Secretary in 34 CFR 75.118. 4. *Performance Measures:* Under the Government Performance and Results Act (GPRA), the Department has developed three measures for evaluating the overall effectiveness of the Native Hawaiian Education Program:

(1)Increasing the percentage of teachers who participate in professional development activities under the program that address the unique educational needs of program participants;

(2)increasing the percentage of Native Hawaiian children who participate in early education programs and improve on measures of school readiness and literacy; and

(3)increasing the percentage of students participating in the program who will meet or exceed proficiency standards in mathematics, science or reading. All grantees will be expected to submit an annual performance report addressing these performance measures, to the extent that they apply to the grantee's project. VII. Agency Contacts FOR FURTHER INFORMATION CONTACT: Beth Fine, U.S. Department of Education, 400 Maryland Avenue, SW., room 3W223, Washington, DC 20202-6200. Telephone:

(202)260-1091 or by e-mail: *beth.fine@ed.gov* or Francisco Ramirez, U.S. Department of Education, 400 Maryland Avenue, SW., room 3W225, Washington, DC 20202-6200. Telephone:

(202)260-1541 or by e-mail: *francisco.ramirez@ed.gov.* If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service

(FRS)at 1-800-877-8339. Individuals with disabilities may obtain this document in an alternative format ( *e.g.* , Braille, large print, audiotape, or computer diskette) on request to the program contact persons listed in this section. VIII. Other Information *Electronic Access to This Document:* You may view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format

(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister.* To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at

(FY)2005 Catalog of Federal Domestic Assistance

(CFDA)Number: 84.333A. Dates: *Applications Available:* February 28, 2005. *Deadline for Transmittal of Applications:* April 18, 2005. *Deadline for Intergovernmental Review:* June 17, 2005. *Eligible Applicants:* Institutions of higher education. *Estimated Available Funds:* $6,919,000. *Estimated Range of Awards:* $100,000 to $350,000 per year. *Estimated Average Size of Awards:* $277,000. *Estimated Number of Awards:* 25. Note: The Department is not bound by any estimates in this notice. *Project Period:* Up to 36 months. Full Text of Announcement I. Funding Opportunity Description *Purpose of Program:* The Demonstration Projects to Ensure Students with Disabilities Receive a Quality Higher Education program provides grants to institutions of higher education

(IHEs)to develop innovative demonstration projects. The purpose of the demonstration program is to provide technical assistance and professional development for faculty and administrators of IHEs in order to provide them with the skills and supports that they need to teach students with disabilities. IHEs funded under this program also will widely disseminate research and training to enable faculty and administrators in other IHEs to meet the educational needs of students with disabilities. Program Authority: 20 U.S.C. 1140-1140d. *Applicable Regulations:* The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79, 81, 82, 85, 86, 97, 98, and 99. Because there are no program specific regulations for the Demonstration Projects to Ensure Students with Disabilities Receive a Quality Higher Education program, applicants should refer to the authorizing statute in Part D, Title VII, of the Higher Education Act of 1965, as amended (HEA). II. Award Information *Type of Award:* Discretionary grants. *Estimated Available Funds:* $6,919,000. *Estimated Range of Awards:* $100,000 to $350,000 per year. *Estimated Average Size of Awards:* $277,000. *Estimated Number of Awards:* 25. Note: The Department is not bound by any estimates in this notice. *Project Period:* Up to 36 months. III. Eligibility Information 1. *Eligible Applicants:* Institutions of higher education. 2. *Cost Sharing or Matching:* This program does not involve cost sharing or matching. IV. Application and Submission Information 1. *Address to Request Application Package:* You may obtain an application package via the Internet by downloading the package from the program Web site at: *http://www.ed.gov/programs/disabilities/index.html* . You may also obtain a copy of the application package by contacting Shedita Alston, U.S. Department of Education, 1990 K Street, NW., room 7089, Washington, DC 20006-8526. Telephone: 202-502-7808 or by e-mail at: *Shedita.Alston@ed.gov* . If you use a telecommunications device for the deaf (TDD), you may call (toll free): 1-877-576-7734. Individuals with disabilities may obtain a copy of the application package in an alternative format ( *e.g.* , Braille, large print, audiotape, or computer diskette) by contacting the program contact person listed in section VII of this notice. 2. *Content and Form of Application Submission:* Requirements concerning the content of an application, together with the forms you must submit, are in the application package for this program competition. *Page Limit:* The application narrative (Part III of the application) is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. You must limit Part III to the equivalent of no more than 30 pages, using the following standards: • A “page” is 8.5″ x 11″, on one side only, with 1″ margins at the top, bottom, and both sides. • Double space (no more than three lines per vertical inch) all text in the application narrative, including titles, headings, footnotes, quotations, references, and captions, as well as all text in charts, tables, figures, and graphs. • Use a font that is either 12 point or larger or no smaller than 10 pitch (characters per inch). The page limit does not apply to Part I, the coversheet; Part II, the budget section, including the narrative budget justification; Part IV, the assurances and certifications; or the one-page abstract, the resumes, the bibliography, or the letters of support. However, you must include all of the application narrative in Part III. We will reject your application if— • You apply these standards and exceed the page limit; or • You apply other standards and exceed the equivalent of the page limit. 3. *Submission Dates and Times:* *Applications Available:* February 28, 2005. *Deadline for Transmittal of Applications:* April 18, 2005. Applications for grants under this program must be submitted electronically using the Electronic Grant Application System (e-Application) available through the Department's e- Grants system. For information (including dates and times) about how to submit your application electronically or by mail or hand delivery if you qualify for an exception to the electronic submission requirement, please refer to section IV.6. Other Submission Requirements in this notice. We do not consider an application that does not comply with the deadline requirements. *Deadline for Intergovernmental Review:* June 27, 2005. 4. *Intergovernmental Review:* This program is subject to Executive Order 12372 and the regulations in 34 CFR part 79. Information about Intergovernmental Review of Federal Programs under Executive Order 12372 is in the application package for this competition. 5. *Funding Restrictions:* We reference regulations outlining funding restrictions in the Applicable Regulations section of this notice. 6. *Other Submission Requirements:* Applications for grants under this program must be submitted electronically, unless you qualify for an exception to this requirement in accordance with the instructions in this section. We will reject your application if you submit it in paper format unless, as described elsewhere in this section, you qualify for one of the exceptions to the electronic submission requirement and submit, no later than two weeks before the application deadline date, a written statement to the Department that you qualify for one of these exceptions. Further information regarding calculation of the date that is two weeks before the application deadline date is provided later in this section under Exception to Electronic Submission Requirement. a. *Electronic Submission of Applications.* Applications for grants under the Demonstration Projects To Ensure Students with Disabilities Receive a Quality Higher Education Competition-CFDA Number 84.333A must be submitted electronically using e-Application available through the Department's e-Grants system, accessible through the e-Grants portal page at: *http://e-grants.ed.gov* . While completing your electronic application, you will be entering data online that will be saved into a database. You may not e-mail an electronic copy of a grant application to us. Please note the following: • You must complete the electronic submission of your grant application by 4:30 p.m., Washington, DC time, on the application deadline date. The e-Application system will not accept an application for this program after 4:30 p.m., Washington, DC time, on the application deadline date. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the application process. • The regular hours of operation of the e-Grants Web site are 6 a.m. Monday until 7 p.m. Wednesday; and 6 a.m. Thursday until midnight Saturday, Washington, DC time. Please note that the system is unavailable on Sundays, and between 7 p.m. on Wednesdays and 6 a.m. on Thursdays, Washington, DC time, for maintenance. Any modifications to these hours are posted on the e-Grants Web site. • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you qualify for an exception to the electronic submission requirement, as described elsewhere in this section, and submit your application in paper format. • You must submit all documents electronically, including the Application for Federal Education Assistance (ED 424), and all necessary assurances and certifications. • Any narrative sections of your application should be attached as files in a .DOC (document), .RTF (rich text), or .PDF (Portable Document) format. • Your electronic application must comply with any page limit requirements described in this notice. • Prior to submitting your electronic application, you may wish to print a copy of it for your records. • After you electronically submit your application, you will receive an automatic acknowledgement that will include a PR/Award number (an identifying number unique to your application). • Within three working days after submitting your electronic application, fax a signed copy of the ED 424 to the Application Control Center after following these steps:

(1)Print ED 424 from e-Application.

(2)The applicant's Authorizing Representative must sign this form.

(3)Place the PR/Award number in the upper right hand corner of the hard-copy signature page of the ED 424.

(4)Fax the signed ED 424 to the Application Control Center at

(202)245-6272. • We may request that you provide us original signatures on other forms at a later date. *Application Deadline Date Extension in Case of e-Application System Unavailability:* If you are prevented from electronically submitting your application on the application deadline date because the e-Application system is unavailable, we will grant you an extension of one business day in order to transmit your application electronically, by mail, or by hand delivery. We will grant this extension if—

(1)You are a registered user of e-Application and you have initiated an electronic application for this competition; and (2)(a) The e-Application system is unavailable for 60 minutes or more between the hours of 8:30 a.m. and 3:30 p.m., Washington, DC time, on the application deadline date; or

(1)the person listed elsewhere in this notice under FOR FURTHER INFORMATION CONTACT (see VII. Agency Contact) or

(2)the e-Grants help desk at 1-888-336-8930. If the system is down and therefore the application deadline is extended, an e-mail will be sent to all registered users who have initiated an e-Application. Extensions referred to in this section apply only to the unavailability of the Department's e-Application system. *Exception to Electronic Submission Requirement:* You qualify for an exception to the electronic submission requirement, and may submit your application in paper format, if you are unable to submit an application through the e-Application system because— • You do not have access to the Internet; or • You do not have the capacity to upload large documents to the Department's e-Application system; and • No later than two weeks before the application deadline date (14 calendar days or, if the fourteenth calendar day before the application deadline date falls on a Federal holiday, the next business day following the Federal holiday), you mail or fax a written statement to the Department, explaining which of the two grounds for an exception prevent you from using the Internet to submit your application. If you mail your written statement to the Department, it must be postmarked no later than two weeks before the application deadline date. If you fax your written statement to the Department, we must receive the faxed statement no later than two weeks before the application deadline date. *Address and mail or fax your statement to:* Shedita Alston, U.S. Department of Education, 1990 K Street, NW., room 7089, Washington, DC 20006-8526. FAX:

(202)502-7699. Your paper application must be submitted in accordance with the mail or hand delivery instructions described in this notice. b. *Submission of Paper Applications by Mail.* If you qualify for an exception to the electronic submission requirement, you may mail (through the U.S. Postal Service or a commercial carrier) your application to the Department. You must mail the original and two copies of your application, on or before the application deadline date, to the Department at the applicable following address: By mail through the U.S. Postal Service: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.333A), 400 Maryland Avenue, SW., Washington, DC 20202-4260, or By mail through a commercial carrier: U.S. Department of Education, Application Control Center—Stop 4260, Attention: (CFDA Number: 84.333A), 7100 Old Landover Road, Landover, MD 20785-1506. Regardless of which address you use, you must show proof of mailing consisting of one of the following:

(1)A legibly dated U.S. Postal Service postmark,

(2)A legible mail receipt with the date of mailing stamped by the U.S. Postal Service,

(3)A dated shipping label, invoice, or receipt from a commercial carrier, or

(1)A private metered postmark, or

(2)A mail receipt that is not dated by the U.S. Postal Service. If your application is postmarked after the application deadline date, we will not consider your application. Note: The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office. c. *Submission of Paper Applications by Hand Delivery.* If you qualify for an exception to the electronic submission requirement, you (or a courier service) may deliver your paper application to the Department by hand. You must deliver the original and two copies of your application, by hand, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.333A), 550 12th Street, SW., Room 7041, Potomac Center Plaza, Washington, DC 20202-4260. The Application Control Center accepts hand deliveries daily between 8 a.m. and 4:30 p.m., Washington, DC time, except Saturdays, Sundays, and Federal holidays. *Note for Mail or Hand Delivery of Paper Applications:* If you mail or hand deliver your application to the Department:

(202)245-6288. V. Application Review Information 1. *Selection Criteria:* The selection criteria for this competition are in the application package. VI. Award Administration Information 1. *Award Notices:* If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notification (GAN). We may also notify you informally. If your application is not evaluated or not selected for funding, we will notify you. 2. *Administrative and National Policy Requirements:* We identify administrative and national policy requirements in the application package and reference these and other requirements in the Applicable Regulations section of this notice. We reference the regulations outlining the terms and conditions of an award in the Applicable Regulations section of this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under this grant. 3. *Reporting:* At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information as specified by the Secretary in 34 CFR 75.720. 4. *Performance Measures:* Under the Government Performance and Results Act (GPRA), two measures have been developed in evaluating the overall effectiveness of the Demonstration Projects To Ensure Students With Disabilities Receive A Quality Higher Education Program:

(1)The difference between the rate at which students with documented disabilities complete courses taught by faculty trained in project activities, and the rate at which other students complete those courses and

(2)the percentage of faculty trained in project activities that incorporate elements of training into their classroom teaching. VII. Agency Contact FOR FURTHER INFORMATION CONTACT: Shedita Alston, U.S. Department of Education, 1990 K Street, NW., room 7089, Washington, DC 20006-8526. Telephone: 202-502-7808 or by e-mail: *Shedita.Alston@ed.gov.* If you use a telecommunications device for the deaf (TDD), you may call (toll free): 1-877-576-7734, or if the TDD number is not available, use the Federal Information Relay Service

(FIRS)at 1-800-877-8339. Individuals with disabilities may obtain this document in an alternative format ( *e.g.* , Braille, large print, audiotape, or computer diskette) on request to the program contact person listed in this section. VIII. Other Information *Electronic Access to This Document:* You may view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format

(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html.* Dated: February 23, 2005. Sally L. Stroup, Assistant Secretary for Postsecondary Education. [FR Doc. E5-799 Filed 2-25-05; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy Energy Conservation Program for Consumer Products: Publication of the Petition for Waiver and Granting of the Application for Interim Waiver of Samsung Air Conditioning From the DOE Residential and Commercial Package Air Conditioner and Heat Pump Test Procedures (Case No. CAC-009) AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of petition for waiver, granting of application for interim waiver, and solicitation of comments. SUMMARY: Today's notice publishes a Petition for Waiver from Samsung Air Conditioning (Samsung). The Samsung Petition requests a waiver of the test procedures applicable to residential and commercial package air conditioners and heat pumps. The Department of Energy

(DOE)is soliciting comments, data, and information with respect to the Petition for Waiver. Today's notice also grants an Interim Waiver to Samsung from the existing Department of Energy (DOE or Department) test procedures applicable to residential and commercial package air conditioners and heat pumps. DATES: The Department will accept comments, data, and information with respect to this Petition for Waiver not later than March 30, 2005. ADDRESSES: You may submit comments, identified by case number CAC-009, by any of the following methods: • Mail: Ms. Brenda Edwards-Jones, U.S. Department of Energy, Building Technologies Program, Mailstop EE-2J, 1000 Independence Avenue, SW., Washington, DC 20585-0121. • Telephone:

(202)586-2945. Please submit one signed paper original. • Hand Delivery/Courier: Ms. Brenda Edwards-Jones, U.S. Department of Energy, Building Technologies Program, Room 1J-018, 1000 Independence Avenue, SW., Washington, DC 20585. *Docket:* For access to the docket to read copies of public comments received, this notice, and the Petition for Waiver and Application for Interim Waiver, go to the U.S. Department of Energy, Forrestal Building, Room 1J-018 (Resource Room of the Building Technologies Program), 1000 Independence Avenue, SW., Washington, DC

(202)586-9127, between 9 a.m. and 4 p.m., Monday through Friday, except Federal holidays. Please call Ms. Brenda Edwards-Jones at the above telephone number for additional information regarding visiting the Resource Room. Please note: The Department's Freedom of Information Reading Room (formerly Room 1E-190 at the Forrestal Building) is no longer housing waiver petition materials. FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S. Department of Energy, Building Technologies Program, Mail Stop EE-2J, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585-0121,

(202)586-9611; e-mail: *Michael.Raymond.ee.doe.gov;* or Francine Pinto, Esq., or Thomas DePriest, Esq., U.S. Department of Energy, Office of General Counsel, Mail Stop GC-72, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585-0103,

(202)586-9507; e-mail: *Francine.Pinto@hq.doe.gov,* or *Thomas.DePriest@hq.doe.gov.* SUPPLEMENTARY INFORMATION: Title III of the Energy Policy and Conservation Act

(EPCA)sets forth a variety of provisions concerning energy efficiency. Part B of Title III (42 U.S.C. 6291-6309) provides for the “Energy Conservation Program for Consumer Products other than Automobiles.” Part C of Title III (42 U.S.C. 6311-6317) provides for an energy efficiency program entitled “Certain Industrial Equipment,” which is similar to the program in Part B, and which includes commercial air conditioning equipment, packaged boilers, water heaters, and other types of commercial equipment. Today's notice involves both residential products under Part B, and commercial equipment under Part C. Both parts specifically provide for definitions, test procedures, labeling provisions, energy conservation standards, and the authority to require information and reports from manufacturers. With respect to test procedures, both parts generally authorize the Secretary of Energy to prescribe test procedures that are reasonably designed to produce results which reflect energy efficiency, energy use and estimated annual operating costs, and that are not unduly burdensome to conduct. (42 U.S.C. 6293, 6314) Samsung's petition requests a waiver from both the residential and commercial test procedures for its DVM products, which are sold for both residential and commercial use. As noted above, the test procedures for residential products appear at 10 CFR Part 430, Subpart B, Appendix M. For commercial package air-conditioning and heating equipment, EPCA provides that the test procedures shall be those generally accepted industry testing procedures developed or recognized by the Air-Conditioning and Refrigeration Institute

(ARI)or by the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE), as referenced in ASHRAE/IES Standard 90.1 and in effect on June 30, 1992. (42 U.S.C. 6314(a)(4)(A)) This section also provides for the Secretary of Energy to amend the test procedure for a product if the industry test procedure is amended, unless the Secretary determines that such a modified test procedure does not meet the statutory criteria. (42 U.S.C. 6314(a)(4)(B)) On October 21, 2004, the Department published a direct final rule, effective December 20, 2004, adopting ARI Standard 210/240-2003 for small commercial package air conditioning and heating equipment with capacities ≤65,000 Btu/h and ARI Standard 340/360-2000 for small commercial package air conditioning and heating equipment with capacities ≥65,000 Btu/h and <135,000 Btu/h. (69 FR 61962) The capacities of Samsung’s DVM products sold for commercial use fall in a range covered by ARI Standard 340/360-2000. Therefore, it is the applicable test procedure for this commercial equipment. The Department's regulations contain provisions allowing a person to seek a waiver from the test procedure requirements for covered consumer products. These provisions are set forth in 10 CFR 430.27. The Department proposed waiver provisions for covered commercial equipment on December 13, 1999 (64 FR 69597), as part of the commercial furnace test procedure rule. The waiver provisions for commercial equipment are substantively identical to those for covered consumer products. The Department published a final rule on October 21, 2004, codifying this process in 10 CFR 431.201, effective November 22, 2004. (69 FR 61915) The waiver provisions allow the Assistant Secretary for Energy Efficiency and Renewable Energy to waive temporarily test procedures for a particular basic model when a petitioner shows that the basic model contains one or more design characteristics that prevent testing according to the prescribed test procedures, or when the prescribed test procedures may evaluate the basic model in a manner so unrepresentative of its true energy consumption as to provide materially inaccurate comparative data. (10 CFR Sections 430.27(a)(1), 431.201(a)(1)) Waivers generally remain in effect until final test procedure amendments become effective, thereby resolving the problem that is the subject of the waiver. The waiver process also allows the Assistant Secretary 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 430.27(a)(2), 431.201(a)(2)) An Interim Waiver remains in effect for a period of 180 days or until DOE issues its determination on the Petition for Waiver, whichever is sooner, and may be extended for an additional 180 days, if necessary. On October 7, 2003, Samsung filed an Application for Interim Waiver and a Petition for Waiver from the test procedures applicable to residential and commercial package air conditioning and heating equipment. In particular, Samsung requested a waiver from the residential test procedures contained in 10 CFR Part 430, Subpart B, Appendix M, and, for commercial products, a waiver from the test procedures in ARI 210/240 (1989), and from the test procedures contained in ARI 210/240 (1994), that the Department, at the time, proposed to adopt. As discussed above, for Samsung's commercial products, the applicable test procedure is now ARI 340/360-2000. Samsung requests a waiver from the test procedures for the following basic product models: Commercial: Any product using these outdoor units: RVMH100FAMOU, RVMC100FAMOU, RVMC070FAMOU. For these products, the applicable test procedure is ARI 340/360-2000. Residential: Any product using these outdoor units: RVMH050CBMOU, RVMC050CBMOU. DVM indoor units: AVMKH020CAOU, AVMKC020CAOU, AVMKH032CAOU, AVMKC032CAOU, AVMKH040CAOU, AVMKC040CAOU, AVMCH052CAOU, AVMCC052CAOU, AVMCH072CAOU, AVMCC072CAOU, AVMCH105CAOU, AVMCC105CAOU, AVMBH020CAOU, AVMBC020CAOU, AVMBH032CAOU, AVMBC032CAOU, AVMBH040CAOU, AVMBC040CAOU, AVMBH052CAOU, AVMBC052CAOU, AVMBH072CAOU, AVMBC072CAOU, AVMHH105CAOU, AVMHC105CAOU, AVMHH128CAOU, AVMHC105CAOU, AVMDH052CAOU, AVMDC052CAOU, AVMDH072CAOU, AVMDC072CAOU, AVMWH020CAOU, AVMWCH020CAOU, AVMWH032CAOU, AVMWC032CAOU, AVMWH040CAOU, AVMWC040CAOU, AVMWH052CAOU, AVMWC052CAOU, AVMWH072CAOU, AVMWC072CAOU. For these products, the applicable test procedure is the residential test procedure contained in 10 CFR Part 430, Subpart B, Appendix M. Samsung seeks a waiver from the applicable test procedures because, Samsung asserts, the current test procedures evaluate its DVM (Digital Variable Multi) systems in a manner not representative of their true energy efficiency. Samsung claims that the energy usage of its DVM systems cannot be representatively measured using the current test procedures for the following reasons: 1. Unlike the DVM system, no product currently for sale in the U.S. offers the ability of a direct expansion system to vary its capacity every 20 seconds between 10% and 100% of the building design load, and no existing test procedure can provide a method for rating at those capacity points. 2. No existing test procedure requires calculating Integrated Part Load Values

(IPLV)in the heating mode. 3. No existing test procedure accounts for the benefits of the DVM system's zoned cooling. No existing test standard allows for the inherent benefits of eliminating duct loss in a ductless system. 4. No existing test procedure provides a method for testing and rating a system that utilizes one outdoor unit and sixteen indoor units. 5. No existing test procedure can provide a method for rating systems where the type and capacity of the indoor unit can be mixed in the same system. The DVM system can mix together six different indoor models with seven different capacities, resulting in over 1,000 combinations. The Samsung petition requests that DOE grant a waiver from existing test procedures until such time as a representative test procedure is developed and adopted for this class of products. Samsung intends to work with ARI to develop appropriate test procedures. Samsung also requested an Interim Waiver to allow it to work with manufacturers of similar products and industry organizations to develop a test procedure that accurately reflects the operation and energy consumption of these types of units. An Interim Waiver will be granted if it is determined that the applicant will experience economic hardship if the Application for Interim Waiver is denied, if it appears likely that the Petition for Waiver will be granted, and/or the Assistant Secretary determines that it would be desirable for public policy reasons to grant immediate relief pending a determination on the Petition for Waiver. (10 CFR 430.27(g), 431.201(e)(3)) Samsung's Application for Interim Waiver does not provide sufficient information to evaluate what, if any, economic hardship Samsung will likely experience if its Application for Interim Waiver is denied. However, in those instances where the likely success of the Petition for Waiver has been demonstrated, based upon DOE having granted a waiver for a similar product design, it is in the public interest to have similar products tested and rated for energy consumption on a comparable basis. For Samsung's commercial DVM products, it appears likely that the Petition for Waiver will be granted. The Samsung DVM products are quite similar to the Mitsubishi City Multi products, for which DOE granted a waiver. (69 FR 52660, August 27, 2004) The Mitsubishi waiver was granted because Mitsubishi's products cannot be tested according to the prescribed test procedures, for two reasons:

(1)Test laboratories cannot test products with so many indoor units (up to sixteen—the practical limit is about five); and

(2)there are 58 indoor unit models, so for each outdoor unit, there are well over 1,000,000 combinations, and it is impractical to test so many combinations. Samsung's commercial outdoor units are capable of operating up to sixteen indoor units. Samsung's system also allows for over 1,000 combinations of indoor and outdoor units. The upper limit on the number of indoor units that are currently able to be tested is about six. The Samsung commercial systems (with 100k and 72k Btu/hr outdoor units) will therefore experience the same testing problems that prompted DOE to grant Mitsubishi a waiver. Samsung's residential models, with a 50k Btu/hr outdoor unit, are capable of operating up to seven indoor units. This would still be difficult to test, but it is not clear that it could not be tested. However, although it may be possible to test Samsung's residential DVM systems, it is not practical to do so. For standard split system air conditioners with one indoor unit, DOE's regulations allow use of an alternative rating method

(ARM)for generating efficiency ratings of different combinations of indoor and outdoor units. There is no such ARM for systems with more than one indoor unit, so Samsung would have to test every combination offered for sale. With up to seven indoor units of six different types, thousands of combinations are possible, and it would not be practical to test so many combinations. This is the second of the two reasons for which Mitsubishi received a waiver; therefore, it appears likely that Samsung's residential DVM products will also be granted a waiver. Therefore, Samsung's Application for an Interim Waiver from the DOE test procedure for its DVM systems is granted. Hence, it is ordered that: The Application for Interim Waiver filed by Samsung is hereby granted for any Samsung DVM product using these outdoor units: RVMH100FAMOU, RVMC100FAMOU, RVMC070FAM0U, RVMC050CBM0U, and RVMH050CBM0U. Samsung shall not be required to test or rate these products on the basis of the currently applicable test procedure, which is ARI 340/360-2000 for the first three of the above outdoor units, which are commercial, and the test procedures contained in 10 CFR Part 430, Subpart B, Appendix M, for the latter two, which are residential. This Interim Waiver is based upon the presumed validity of statements and allegations submitted by the company. This Interim Waiver may be removed or modified at any time upon a determination that the factual basis underlying the Application is incorrect. The Interim Waiver shall remain in effect for a period of 180 days or until DOE acts on the Petition for Waiver, whichever is sooner, and may be extended for an additional 180-day period, if necessary. The Department is publishing Samsung's Petition for Waiver in its entirety. The Petition contains no confidential information. The Department solicits comments, data, and information with respect to the Petition. The Department is particularly interested in receiving comments and views of interested parties concerning any alternate test procedures, modifications to test procedures, or alternative rating methods, which the Department could use to fairly represent the energy efficiency of Samsung's DVM products. Any person submitting written comments must also send a copy of such comments to the petitioner. 10 CFR 430.27(b)(1)(iv). Issued in Washington, DC, on February 22, 2005. David K. Garman, Assistant Secretary, Energy Efficiency and Renewable Energy. Samsung Air Conditioning 2865 Pellissier Place Whittier CA 90601 October 7th 2003 Mr. Michael Raymond Office of Building Research and Standards United States Department of Energy 1000 Independence Avenue, SW Washington, DC 20585-0121 Dear Mr. Raymond I am writing this letter to you in regard to the process for a Petition for Waiver and application for interim waiver of test procedures. Samsung Air Conditioning, acting through it's exclusive distributors in the USA, Quietside Corporation hereby petitions the United States Department of Energy for a Waiver of all Test procedures and makes application for an interim waiver pursuant to the provisions of 10 CFR 431.29. To support this petition, please consider the following submission. 1. Models Covered by the Scope of This Petition The Samsung DVM system products consist of three capacities of Outdoor units, nominally 100,000 Btu/h, 72,000 Btu/h and 50,000 Btu/h, operating on 208/230V-3Ph-60Hz (100k & 72k units) and 208/230V-1Ph-60Hz (50k unit). These units are available in both Cooling only and Heat Pump models (72k is Cooling only) and these outdoor units can be matched with six different types of indoor unit— Built in Duct Low Silhouette Duct High Static Pressure Duct 4 Way Ceiling Cassette 1 Way Ceiling Cassette High Wall Mount unit These indoor units are available in capacities from 7,000 Btu/h to 44,000 Btu/h depending on the model type. Appendix 1: Full model list and description of items covered by petition 2. Inherent Characteristics of the Samsung DVM System The Samsung DVM system is a Commercial and Residential multi split, multi zoned variable refrigerant flow system that will provide either heating or cooling to the building as dictated by the individual zone temperature. The 100k & 72k Outdoor units are capable of operating up to 16 indoor units, and the 50,000 Btu/h Outdoor unit is capable of operating up to 7 indoor units All of the indoor units are capable of operating independently, with their own temperature and fan speed setting. Based on those controls the outdoor unit will then determine the cooling or heating capacity delivered into the zones. The outdoor unit uses the following inputs to determine the capacity required by the zone— Set Temperature (User selectable) Room temperature (Measured in the return air of the unit) Refrigerant temperature at the Evaporator Inlet Refrigerant temperature at the Evaporator Outlet Outdoor ambient temperature The Samsung DVM system cannot provide simultaneous Heating and Cooling functions into the zones, however it will operate to satisfy the building demands in the following manner— First unit calling for operation Majority rules for the building All other zone requirements The Outdoor and Indoor units communicate the control information listed above every 20 seconds to calculate the indoor capacity required for the next 20 seconds of operation, allowing the unit to correctly assess the load characteristics of the building and adjust the capacity output accordingly. The method for controlling the capacity is to vary the quantity of refrigerant flowing through the entire system at any given time. The compressor(s) used in the Samsung DVM system are manufactured by Copeland in Sidney OH, and are a “Digital Scroll” type. This revolutionary compressor allows the system capacity to be varied from 10% to 100% depending on the indoor load. This is accomplished by allowing the fixed and orbiting scrolls inside the compressor to separate during unloaded periods, which stops refrigerant flow through the compressor and operates the compressor motor in an unloaded fashion, which greatly reduces the power consumed by the compressor, The outdoor unit also uses variable speed condenser fan motor(s) which can alter condenser airflow to exactly suit the outdoor air temperature and building load to ensure the unit operates in the most efficient manner possible. The Indoor units all utilize an Electronic Expansion Valve

(EEV)which operates over a 480 step range from fully closed to fully open. This extensive range allows precise monitoring of the refrigerant quantity entering the evaporator coil and hence the cooling or heating capacity of the unit. This type of product will almost always operate below the 100% capacity threshold (part load versus full load operation), and due to the enhanced capacity control range of the DVM system it can operate at 10% capacity if the building load has reduced to that point. This type of operation is very similar to the Water Chilling units as detailed in ARI standard 550/590. 3. Waiver Requirements Samsung/Quietside seeks a waiver of all current test standards until a test standard can be developed and adopted that will provide the HVAC market in the United States

(US)with a fair and accurate assessment of the DVM system energy consumption and efficiency levels. The current test procedures in place may evaluate the DVM system in a manner that is not representative of the true energy efficiency of the DVM system and provide inaccurate ratings which would be used to compare the DVM system with other forms of Air Conditioning/Heat Pumps in the market. Due to the constant variation of the system capacity it is patently inaccurate to rate the unit at its full load capacity or at any other fixed point of capacity when the unit capacity is constantly varying between 10% and 100% of the capacity. Any test method utilized to rate these types of full variable refrigerant flow units should be indicative of the ability of these units to operate at 10%, 20%, 30% * * * 100% as this is the true operation of the unit in the field. During 2002 a committee was formed by ARI to discuss alternate test methods for this type of multi split variable refrigerant flow unit, however to this date no additional test methodology has been adopted by the committee. As the Department is aware the timeframe for drafting and approving such a standard may be months or even years. The International Standards Organization have been currently working on a standard of their own for several years at this point in time. Due to the lack of an approved standard at this present time, the energy savings provided by the DVM System would not be accurately represented should it be tested under the current standards. This inaccurate representation will have a negative impact upon the sales of both the Samsung DVM system and other Variable Refrigerant Volume systems. This will not only greatly affect the business revenue of Quietside and Samsung, but it will prevent the country from realizing energy savings, particularly in the area of peak load usage reduction. To summarize, the test waiver for the DVM system is requested for the following reasons: A. No product currently for sale in the USA offers the ability of a direct expansion system to vary its capacity every 20 seconds between 10% and 100% of the building design load, and no existing test standard can provide a method for providing ratings at those capacity points. B. No existing test standard allows for IPLV to be calculated in the Heating mode. C. No existing test standard provides for the benefits of diversity due to the inherent ability of the DVM System to provide zoned cooling. Also no existing test standard provides for credit for negating duct loss from the nonducted units available with this system. D. No existing test standard provides a method to test and rate a system that utilizes one outdoor unit and 16 indoor units. E. No existing test standard can provide a method for rating systems where the type and capacity of indoor unit can be used. The DVM system can mix 6 different indoor models in up to 7 different capacities. For example a 100,000 Btu/h system can use 2 x 11,000 Btu/h units of different models, 2 x 13,000 Btu/h units of additional models, 2 x 24,000 Btu/h models from additional models and still not be at 100% capacity load. The total number of unit combinations available is over 1,000, not including the ability to over or under size the indoor capacity with regard to the outdoor unit capacity. 4. Similar Equipment Currently Offered for Sale in the U.S. Sanyo Mitsubishi Comfort Systems Mitsubishi Electric U.S. The above companies currently offer similar systems for sale in the United States, these systems offer similar advantages and energy savings inherent to all Variable Refrigerant Flow units, however no other manufacturer utilizes the “Digital Scroll” technology and the capacity range of the DVM system. Mitsubishi Electric U.S. currently has a test waiver proposal in front of the Department that has been published for comment in the **Federal Register** . 5. Reasons for Granting a Test Waiver to the DVM System The Samsung DVM System is currently offered for sale in the U.S. marketplace, however the lack of an existing or proposed test standard has resulted in the unit having to be provided with Energy Guide labels detailing a 10 SEER, the lowest possible rating. The true SEER of the DVM system would be a minimum of 50% higher. This failure to correctly rate the energy efficiency of the unit also does not allow the performance of the DVM system to be certified by the ARI (no applicable test standard or test availability), which causes a misconception of the efficiency level of the DVM system and provides wholly inaccurate data to the U.S. consumer. These types of Variable Refrigerant Flow products are very well established in the Asian and European markets, based on the high levels of efficiency and comfort provided to the end user. U.S. consumers should not be excluded from these benefits due to the lack of an applicable test standard, and should not be beholden to inaccurate data that will heavily disadvantage the DVM system or any other Variable Refrigerant Flow system in a very competitive marketplace. Independent testing of the DVM system against conventional Air conditioning systems shows an average of over 30% reduction on energy consumption, not even including the reduction in peak load operating consumption. Samsung test data, showing EER values (Watt for Watt) shows almost a full EER point increase over VAV and compressor control units, and a similar increase over an Inverter Variable Refrigerant Flow system. This test data is included in Appendix 2. The disadvantage of the lack of an applicable test standard will not only impact the potential sales of the DVM system, but also result in economic losses not only for Samsung and Quietside but also for the Copeland Corporation who have spent considerable time and resources in developing the “Digital Scroll” compressors. Samsung/Quietside formally urges the Department to grant an interim waiver from existing test standards and allow Quietside to work in conjunction with the other manufacturers of Variable Refrigerant Flow products and the various organizations involved in our industry to formulate a test standard that accurately reflects the operation and energy consumption of these types of units. Should the Department have any comments or questions regarding this petition please do not hesitate to contact the undersigned. Yours truly, John Miles *Director of Engineering and Technical Support* Appendix 1 : Full Model List Samsung DVM System Products Appendix 2 : Samsung performed Tests detailing Energy Efficiency versus Delivered Capacity for the DVM System I hereby certify that copies of this petition and application for Interim Waiver of test standards have been mailed to the following companies who are known to market similar Variable Refrigerant Flow products Mitsubishi Electric US 4505-A Newpoint Place Lawrenceville GA 30043 Attn: William Rau, President, HVAC Advanced Products Division Sanyo 1165 Allgood Road, Suite #22 Marietta, GA 30062 Attn: Tetsushi Yamashita, Engineering Manager, HVAC Mitsubishi Heavy Industries Climate Control Inc 3030 E. Victoria Street Rancho Dominguez CA 90221 Attn: Caesar Ceballos, Technical Support Manager Appendix 1.—Samsung DVM System Products and Capacities 2003 Model Description Btu/h cooling/heating RVMH100FAMOU Condensing Unit Heat Pump 95,500/107,500 RVMC100FAMOU Condensing Unit Cooling Only 95,500/107,500 RVMH050CBMOU Condensing Unit Heat Pump 50,000/55,000 RVMC050CBMOU Condensing Unit Cooling Only 50,000/55,000 RVMC070FAMOU Condensing Unit Cooling Only 76,000/85,000 AVMKH020CAOU 1-Way Ceiling Cassette Heat Pump 7,000/7,500 AVMKC020CAOU 1-Way Ceiling Cassette Cooling Only 7,000/7,500 AVMKH032CAOU 1-Way Ceiling Cassette Heat Pump 11,000/12,000 AVMKC032CAOU 1-Way Ceiling Cassette Cooling Only 11,000 AVMKH040CAOU 1-Way Ceiling Cassette Heat Pump 13,500/14,500 AVMKC04OCAOU 1-Way Ceiling Cassette Cooling Only 13,500 AVMCH052CAOU 4-Way Ceiling Cassette Heat Pump 18,000/19,000 AVMCC052CAOU 4-Way Ceiling Cassette Cooling Only 18,000 AVMCH072CAOU 4-Way Ceiling Cassette Heat Pump 24,000/26,000 AVMCC072CAOU 4-Way Ceiling Cassette Cooling Only 24,000 AVMCH105CAOU 4-Way Ceiling Cassette Heat Pump 36,000/39,000 AVMCC105CAOU 4-Way Ceiling Cassette Cooling Only 36,000 AVMBH020CAOU Built-In Duct Heat Pump 7,000/7,500 AVMBC020CAOU Built-In Duct Cooling Only 7,000 AVMBH032CAOU Built-In Duct Heat Pump 11,000/12,000 AVMBC032CAOU Built-In Duct Cooling Only 11,000 AVMBH040CAOU Built-In Duct Heat Pump 13,500/14,500 AVMBC040CAOU Built-In Duct Cooling Only 13,500 AVMBH052CAOU Built-In Duct Heat Pump 18,000/19,000 AVMBC052CAOU Built-In Duct Cooling Only 18,000 AVMBH072CAOU Built-In Duct Heat Pump 24,000/26,000 AVMBC072CAOU Built-In Duct Cooling Only 24,000 AVMHH105CAOU HSP Duct Heat Pump 36,000/39,000 AVMHC105CAOU HSP Duct Cooling Only 36,000 AVMHH128CAOU HSP Duct Heat Pump 44,000/47,000 AVMHC128CAOU HSP Duct Cooling Only 44,000 AVMDH052CAOU Low Silhouette Duct Heat Pump 18,000/19,000 AVMDC052CAOU Low Silhouette Cooling Only 18,000 AVMDH072CAOU Low Silhouette Duct Heat Pump 24,000/26,000 AVMDC072CAOU Low Silhouette Cooling Only 24,000 AVMWH020CAOU High Wall Mount Heat Pump 7,000/7,500 AVMWC020CAOU High Wall Mount Cooling Only 7,000 AVMWH032CAOU High Wall Mount Heat Pump 11,000/12,000 AVMWC032CAOU High Wall Mount Cooling Only 11,000 AVMWH040CAOU High Wall Mount Heat Pump 13,500/14,500 AVMWC040CAOU High Wall Mount Cooling Only 13,500 AVMWH052CAOU High Wall Mount Heat Pump 18,000/19,000 AVMWC052CAOU High Wall Mount Cooling Only 18,000 AVMWH072CAOU High Wall Mount Heat Pump 24,000/26,000 AVMWC072CAOU High Wall Mount Cooling Only 24,000 BILLING CODE 6450-01-P EN28FE05.055 [FR Doc. 05-3782 Filed 2-25-05; 8:45 am]

Connectionstraces to 9

Traces to 9 documents

CFR